Media & Communications Law

Reporter Won’t Reveal DOJ Sources for Story on Terrorism Prosecutor

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A reporter for the Detroit Free Press has declined to name the U.S. Justice Department sources who told him a federal prosecutor was being investigated for his handling of a terrorism case.

Reporter David Ashenfelter cited the First Amendment and the Fifth Amendment in declining to name his sources, the Detroit Free Press reports. The now former prosecutor, Richard Convertino, is suing the Justice Department, claiming sources there leaked the negative information in retaliation for his complaints about government anti-terrorism efforts.

Convertino won convictions against four North African men in the first major terrorism trial after Sept. 11, but the convictions were overturned because of withheld evidence. Convertino was later tried and acquitted of conspiring to hide evidence in the case.

Convertino’s lawyer, Stephen Kohn, told the Associated Press he’s not accusing Ashenfelter of criminal activity and doesn’t know why he invoked the Fifth Amendment. “We don’t think there was any basis,” he said. “Just the fact that it was invoked, I find deeply disturbing.”

A statement by the Free Press said Ashenfelter cited the Fifth Amendment because of concerns he could face legal exposure if the sources are identified and charged with a crime.

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