1. I'm going out on a limb & predicting this "review" won't actually culminate in meaningful change in policy. See following thread for why:https://twitter.com/rgoodlaw/status/893491674772643841 …
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Replying to @steve_vladeck
2. Although policy is pro-journalists, it also protects DOJ. Fear has always been that line AUSAs would provoke anti-USG 1st Amend. ruling.
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Replying to @steve_vladeck
3. Limiting circumstances in which journalists can be subpoenaed/prosecuted in leak cases removes spark from powderkeg & promotes avoidance.
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Replying to @steve_vladeck
4. To be sure, reasonable folks disagree about whether/to what extent First Amendment protects journalists in leak investigations. But...
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Replying to @steve_vladeck
5. Key point is that this "benign indeterminacy" has historically been preferred by DOJ to the risk of an adverse First Amendment ruling.
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Replying to @steve_vladeck
6. And it's not at all obvious why even _this_ DOJ would be more sanguine about the prospects of prevailing in such a case...
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Replying to @steve_vladeck
7. After this "review," we may see modest, cosmetic changes to policy. But major changes would provoke very legal fight DOJ hasn't wanted.
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Replying to @steve_vladeck
8. So before we jump to conclusions re: today's news, keep in mind why preserving status quo might be just as much in DOJ's interests. /end
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Given that it is a cinch to move things through EDVA these days, don't 4thC precedents tied to Sterling case give DOJ cover?
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Replying to @emptywheel
Depends on exactly what DOJ is doing / trying to compel reporters to do... and there's still the risk of
#SCOTUS revisiting Sterling...0 replies 0 retweets 1 likeThanks. Twitter will use this to make your timeline better. UndoUndo
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