Tom Goldstein Called Government's Bluff And Now Jeffrey Toobin Has To Litigate It - Above the Law

"As Politico's Josh Gerstein flagged, the government apparently subpoenaed Jeffrey Toobin and fact-checker Rudy Lee seeking testimony about their December New York Times Magazine article about the SCOTUSblog founder-turned-defendant. Toobin and Lee, through Ballard Spahr, moved to quash. The motion makes the straightforward case that dragging journalists onto the stand accomplishes nothing beyond chilling future journalism. Which, to be fair, probably suits this Department of Justice just fine. The DOJ is already raiding reporters' homes, so courtroom testimony is comparatively mild."

"Why did Goldstein sit down for an on-the-record interview while facing trial? It didn't seem like a wise decision, but anyone who read the original indictment knows wise decisions might not be Goldstein's strong suit. Earlier this month, the government tried to admit Toobin's article into evidence because it contains statements, attributed to Goldstein, relevant to the Justice Department's false statements charges. Which, again, is why it's ill-advised to give news interviews while facing trial."

The government subpoenaed Jeffrey Toobin and fact-checker Rudy Lee for testimony concerning their December New York Times Magazine reporting about Tom Goldstein. Toobin and Lee moved to quash the subpoenas through Ballard Spahr. The motion argues that compelling journalists to testify chills future reporting. The Justice Department has recently executed searches of reporters' homes, increasing concerns about press freedom. Prosecutors sought to admit Toobin's reporting into evidence because it quoted statements attributed to Goldstein relevant to false-statement charges. Goldstein argued those quotes are inadmissible hearsay and irrelevant and requested Toobin be called for cross-examination under the Confrontation Clause.

Read at Above the Law