Federal Judge In Malheur Case Quashes Subpoena Seeking Journalist's Testimony

John Sepulvado will not have to testify in second round of prosecutions of Bundy defendants.

Ryan Bundy (John Sepulvado)

In a sidebar issue in the second round of trials relating to the 2016 occupation of the Malheur Wildlife Refuge, U.S. District Judge Anna Brown today ruled in favor of freedom of the press.

Brown's ruling comes three days after the U.S. Department of Justice presented its case against four occupiers. The prosecution had hoped to question former Oregon Public Broadcasting reporter John Sepulvado as part of its case.

But, as OPB reported, Judge Brown ruled that Sepulvado did not have to testify about his newsgathering activities at the refuge, including his interview of Ryan Bundy, the brother of occupation leader Ammon Bundy, in January 2016.

Sepulvado also wrote a cover story about the refuge for WW. That story featured portions of his interview with Ryan Bundy.

Related: Bundyland: Two devout Mormon brothers have created a fantasy camp for commandos in Eastern Oregon.

Historically, news organizations have strongly resisted allowing their reporters and editors testify in court. The rationale for that position is explained in detail in this friend-of-the court brief filed by the Reporters Committee for Freedom of the Press.

The argument news organizations make is that reporting requires sensitive communications with sources who will be less likely to cooperate if they think the communications could become part of a legal proceeding.

Sepulvado, who now works for KQED, the public radio station in San Francisco,  live-tweeted the hearing in U.S. District Court in Portland today.

He reacted happily early this afternoon when the judge ruled he didn't have to testify.

"Thank you to Judge Anna Brown for seeing what this was—an encroachment on the First Amendment," Sepulvado wrote.

The trial is expected to last for a month.

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