Reply to Ronan Farrow reports: Missing Files Motivated the Leak of Michael Cohen’s Financial Records

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[quote=Anonymous][quote=Anonymous]Slate isn’t any rightwing source.... Avenatti may have a dilemma......

https://slate.com/news-and-politics/2018/05/why-michael-avenatti-might-be-compelled-to-reveal-his-source.html

[quote]If there is a criminal investigation of the leak, Avenatti could be among the first people investigators will look to for information. Therefore, Avenatti may soon find himself to be a witness against his own source.

Avenatti says that he will refuse to name his source. According to Avenatti, journalists don’t have to disclose their sources, and “attorneys don’t have to disclose their sources either” because they are “covered by the work-product doctrine.” Avenatti’s argument, however, has no apparent basis in law.

The Supreme Court has declined to recognize that journalists have a constitutional right to maintain the secrecy of confidential sources, and Congress has not enacted a shield law to provide such protection. Accordingly, journalists can be compelled to name their sources. Furthermore, in past criminal investigations, prosecutors have subpoenaed journalists when they deemed it necessary to identify sources.

In any event, Avenatti does not claim to be a journalist and instead grounds his purported right to shield his source on the attorney work-product doctrine. That doctrine, however, offers no apparent protection for Avenatti here.[/quote][/quote]

http://www.wohlfruchter.com/sites/default/files/doc/wohl-confidential_informants-fordham_j._corp.__fin._l.pdf[/quote]

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