Peister v. United States

Parentheticals

• permitting in camera review of statements of a government witness despite qualified journalistic privilege because of the unavailability from another source

  United States v. Lowe

• finding “no evidence that the prosecution acted in bad faith ... or overstepped the bounds of propriety and fairness” by making promise of informal immunity

  United States v. McGuire

• “[Jjournalists possess a qualified privilege not to divulge confidential sources and not to disclose unpublished information in their possession in criminal cases.”

  United States v. Sanusi

• courts must balance defendant’s need for desired information against journalist’s interest in preventing production in a specific case

  Lipinski v. Skinner

• journalists possess qualified privilege arising under federal common law to withhold unpublished information in criminal cases

  In Re Letellier

• “Of course, the lack of a confidential source may be an important element in balancing the defendant’s need for the material sought against the interest of the journalist in preventing production in a particular case.”

  National Labor Relations Board v. Mortensen

• verbatim statements of witnesses contained in videotape "[b]y their very nature ... are not obtainable from any other source. They are unique bits of evidence that are frozen at a particular place and time.”

  Don King Productions, Inc. v. Douglas

• considering subpoena for documentary materials

  United States v. Hively