LEE v. DEPARTMENT OF JUSTICE

No. 04-5301, 04-5302, 04-5321, 04-5322, 04-5323.

413 F.3d 53 (2005)

Wen Ho LEE, Appellee v. DEPARTMENT OF JUSTICE, et al., Appellees Jeff Gerth, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 2005.


Attorney(s) appearing for the Case

Floyd Abrams argued the cause for appellant Jeff Gerth and James Risen. With him on the briefs was Joel Kurtzberg.

Lee Levine argued the cause for appellant H. Josef Hebert and Bob Drogin. With him on the briefs were Nathan E. Siegel, Chad R. Bowman, and David A. Schulz. Seth D. Berlin entered an appearance.

Charles D. Tobin argued the cause for appellant Pierre Thomas. With him on the briefs was Ethan Arenson.

Paul M. Smith, Katherine A. Fallow, Lucy A. Dalglish, and Gregg P. Leslie were on the brief for amici curiae Magazine Publishers of America, Inc., et al. in support of appellants urging reversal. Kevin Hardy and Kevin T. Baine entered appearances.

Brian A. Sun argued the cause for appellee. With him on the brief were Betsy A. Miller, Christopher Lovrien, David J. Schenck, and David L. Horan.

Mark A. Grannis and Thomas G. Connolly were on the brief for amicus curiae Steven J. Hatfill in support of appellee.

Before: SENTELLE, RANDOLPH and ROGERS, Circuit Judges.


SENTELLE, Circuit Judge.

Five journalists appeal a District Court order holding them in contempt of court for refusing to answer questions regarding confidential sources in a non-party deposition in a civil case. They contend that the District Court improperly applied our precedent in Zerilli v. Smith, 656 F.2d 705 (D.C.Cir.1981), to overcome a journalist's qualified privilege to keep sources confidential. We hold that the...

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