Time never runs out in our court system
I remember hearing those chilling words from former reporter Toni Locy, “Time is running out for me.”
She was speaking at a conference of the National Freedom of Information Coalition in Philadelphia, explaining how she was under the gun from a federal judge who was threatening to fine her $5,000 a day until she revealed confidential sources for a couple of stories that appeared years earlier in USA Today.
The trouble was she did not recall who the specific sources were for those specific stories about the FBI investigation of anthrax suspect Steven Hatfill. So the judge had ordered her to turn over all her FBI sources.
In 2001 five people were killed and 17 people sickened when anthrax was mailed to various locations. Attorney General John Ashcroft later identified Hatfill as a “person of interest” in the case. Hatfill has been awarded $5.8 million to settle his suit against the Justice Department for privacy law violations.
On Monday the federal appeals court in the District of Colombia threw out the contempt of court order against Locy.
When I read that, I thought, “Finally.”
But, no, once you are caught up in the legal system it is like flypaper.
Locy was quoted by The Associated Press saying, "I am grateful that the appeals court vacated the contempt order against me but I am concerned that this matter may not be over given statements by Dr. Hatfill's lawyers that they intend to ask Judge (Reggie) Walton to force me to pay Dr. Hatfill's legal bills. The circuit did not deal with that issue and I could face a legal bill that far exceeds the fines that Judge Walton initially tried to levy against me."
On top of that, the appeals court ruling could be appealed.
At that speech in Philadelphia Locy was advocating passage of the Free Flow of Information Act, which would protect reporters from having to reveal sources in cases like hers. A year ago it passed in the House by a vote of 398-21. It has not been brought up for a vote in the Senate.
Time never runs out in our courts or our Congress, they just keep adding overtime after overtime.
