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April 2024

Court Quashes Prosecution Subpoena to New Yorker Journalist

By Fabio Bertoni
Judge Schofield held that, even though the government sought solely to authenticate non-confidential, on-the-record statements that were published in The New Yorker article, it must meet the heightened standard required for confidential information, because confidential source information is within the scope of a potential defense cross-examination of the reporter.