Arent Fox Partner Peter Zeidenberg Speaks with Politico about Prosecution of Former CIA Agent

The article reported about the attention the press is paying to James Risen — a New York Times journalist to whom Mr. Sterling allegedly leaked information — versus the attention given to the CIA agent himself. It explained that, “Risen escaped a seven-year legal battle without being ordered to identify his sources, let alone go to jail; Sterling faces the possibility of spending his life behind bars.”

The article elaborated about how Mr. Sterling now faces legal challenges that Mr. Risen did not, particularly with regard to the First Amendment. It reported that “while the fight over Risen’s claims of reporter’s privilege triggered a debate about the role of the press in a free society, judges generally do not permit the defendant in a leak case to argue that his actions were justified because he was trying to expose wrongdoing.”

Mr. Zeidenberg commented about how there is a good reason why those in government cannot necessarily invoke the First Amendment: “People do this stuff for a whole range of reasons and they’re going to continue to — for altruistic reasons, for selfish reasons, for revenge or notoriety,” he said. Mr. Zeidenberg added, “They should understand there is a risk to doing so and they could get prosecuted.”

To read the Politico article, click here.