Ex-New York Times reporter pushes for court to limit questioning in Sussmann trial

His attorney said the prosecution is limited from "invasive and unreasonably broad examination" of a reporter

Updated: May 23, 2022 - 4:09pm

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Former New York Times reporter Eric Lichtblau filed another motion on Sunday asking the court to limit its questioning of him as a witness in Special Counsel John Durham's trial of former Hillary Clinton campaign lawyer Michael Sussmann.

Lichtblau, who was subpoenaed by Sussmann's legal team, filed a motion for a protective order on May 12 to prevent himself from being compelled to testify about matters related to the case before the trial began. The D.C. District Court denied Lichtblau's request, and his latest 9-page filing is in response.

The reporter again asked the court to "limit any questioning he may face at trial to the topic of his communications with" Sussmann.

He also asked the court to hear oral arguments on his request and requested that should the distinct court not limit the scope of Durham's questions, that it then allow him time to appeal the decision.

Lichtblau's attorney, Chad Bowman of the Washington, D.C., firm Ballard Spahr, argued that reporter's privilege prohibits the prosecution from "engaging in such invasive and unreasonably broad examination of a journalist regarding his or her newsgathering activities."

Reporter's privilege, as defined by Yale Law School is "the legal doctrine that allows reporters to refuse to reveal their confidential sources or, in some cases, nonconfidential material, either by quashing subpoenas or by refusing to testify in court without being held in contempt."

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