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Josh's Grumbles Motion 01-2-07

Page history last edited by PBworks 13 years, 1 month ago

Click here to download the Word Doc

 

Free Josh Wolf Support Group

 

 

Press Contact: Mahdis Keshavarz 425 591 8781 cell

 

ATTORNEYS FOR JAILED JOURNALIST FILE MOTION FOR RELEASE

 

Journalist Josh Wolf Has Spent Over 150 Days In Prison

For Refusing To Hand Over Footage

 

24 Year Old to Become Longest Held Journalist in U.S. History February 7

 

January 22, 2007, Los Angeles, CA- Attorneys today filed a Grumbles Motion and a Request for Discovery on behalf of journalist Josh Wolf, jailed for 153 days after refusing to cooperate with a grand jury investigation. The 9th Circuit Court in San Francisco has rejected requests to reconsider his case. Unless released by February 6th, he will become the longest held journalist in United States history. The Grumbles motion argues that no matter long how he is confined, he will not change his position. Under the law, if the court finds this is true, further incarceration becomes punitive and he must be released.

 

To date, the longest a journalist has been held in contempt for refusing to divulge privileged material was 168 days when, in 2002, Houston reporter Vanessa Leggett refused to testify before a federal grand jury or turn over 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.

 

In Wolf’s case, the U.S. Court of Appeals in San Francisco (9th Circuit) ruled last November to let stand the decision by a three-judge panel, which found that the California Shield Law does not extend to federal investigations, thereby stripping Wolf and others of protection afforded by California law.

 

Josh Wolf is a freelance video journalist. On July 8, 2005, he shot a G-8 protest in San Francisco, which he edited and sold to television news outlets. He was subsequently subpoenaed by a Federal Grand Jury who wanted his outtakes and testimony. Upon his refusal, he was held in civil contempt and remanded to the Federal Detention Center in Dublin, CA. After a brief release during his appeal, he was returned to FDC Dublin September 22, 2006, where he remains. Wolf has deposed that nothing in his footage depicts the alleged incident the Grand Jury claims to be investigating. Attorneys for Wolf have offered to screen the footage for the judge to verify Wolf’s assertion. The offer was refused, raising concerns that the government is seeking to identify incidental participants in the demonstration in a fishing expedition to target radical dissidents.

 

“Josh Wolf’s commitment to principle should be rewarded and not punished. He is a fine young man; a journalist in the best tradition. His continued imprisonment is a violation of both the first amendment and of Josh’s constitutional rights” said Martin Garbus, attorney for Josh Wolf.

 

“I am continually saddened and distressed by the US Government holding my son in jail for 150 days because he is standing up for our rights to a free press. Josh has never been accused of or charged with a crime. He is being held in an attempt by the government to use journalists to collect names of dissidents who disagree with this administration's policies. My son is standing up for all of us. Let's stand up for him,” stated Liz Wolf-Spada, Josh’s mother.

For more information about Wolf, please visit: www.JoshWolf.net/freejosh/. Current Court Filings are at http://joshwolf.net/freejosh/files/grumbles.pdf.

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