Statement of Special Counsel Patrick J. Fitzgerald, February 15, 2005

by Patrick J. Fitzgerald

Office of Special Counsel

Patrick J. Fitzgerald Special Counsel

Chicago Office: Dirksen Federal Building 219 South Dearborn Street, Fifth Floor Chicago, Illinois 60604 (312) 353-5300

Washington Office: Bond Federal Building 1400 New York Avenue NW, Ninth Floor Washington, DC 20530 (202) 514-1187

Please address all correspondence to the Washington Office

FOR IMMEDIATE RELEASE TUESDAY FEBRUARY 15, 2005

PRESS CONTACT: Randall Samborn (312) 353-5318

Statement of Special Counsel Patrick J. Fitzgerald regarding today’s decision by the United States Court of Appeals for the District of Columbia Circuit, which is captioned In Re: Grand Jury Subpoena, 04-3138 (consolidated with 04-3139 and 04-3140):

"Today the Court of Appeals affirmed that reporters do not have a First Amendment privilege to refuse to comply with a grand jury subpoena issued in good faith. The Court was clear that this has been the law since the Supreme Court decided the Branzburg case in 1972. All three members of the Court also agreed that, even if a qualified privilege exists, the government has shown critical need for the reporters to comply with the subpoenas in this case. We look forward to resuming our progress in this investigation and bringing it to a prompt conclusion."

# # # #