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FEDERAL APPEALS COURT DENIES JAILED JOURNALIST REQUEST FOR RE-HEARING

Josh Wolf Likely to Become Longest Held Journalist in U.S. History

November 17, 2006-- In the latest setback for journalist Josh Wolf, imprisoned for 88

days for refusing to cooperate with a grand jury investigation, a federal appeals court

in San Francisco today rejected requests to reconsider his case. Unless he is released,

he is likely to become the longest held journalist in United States history.

The U.S. Court of Appeals in San Francisco (9th Circuit) let stand the decision by a

three-judge panel which found that the California Shield Law, does not extend to federal

investigations and that thus there is no reporter's privilege that would allow reporters

like Wolf to refuse to participate in a grand jury investigation.

Josh Wolf is a freelance journalist and videographer. In September 2006, he was forced to

re-enter a Federal Penitentiary for refusal turn over his news footage from a July 2005

G-8 protest to a Federal Grand Jury based on his journalistic principles. Wolf has

repeatedly stated and signed a declaration under oath that there is nothing in his

footage, which relates to the police investigation.

While waiting for a decision on whether the full court would reconsider the panel's

decision, Wolf’s attorneys are asking Judge Alsup to release him on bond during the

upcoming holidays and pending exhaustion of appeals. Wolf's only remaining appeal would

be to the U.S. Supreme Court.

“Josh Wolf’s courage in refusing to identify anti-bush-antiG8 demonstrators to the

federal Anti Terrorism task force should earn Josh respect and our gratitude, not

extraordinary, unprecedented jail time.” said Martin Garbus, attorney for Josh Wolf.

“Because Josh is not employed, and thus not supported by major media outlet’s, his

imprisonment, and the continued violation of his First Amendment rights are not being

brought to the public’s attention. It is up to each of us to make sure Americans are

aware of every unconstitutional and illegal day he spends in jail. “

The longest a journalist has been held to date is 168 days when Houston reporter Vanessa

Legget who was jailed in 2002 for refusing to testify before a federal grand jury and

turn over her research materials. In 2005, New York Times reporter Judith Miller was

released after 85 days in jail for refusing to name her sources in a grand jury

investigation.