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Both have something Mr. Cuomo did not, subpoena power to compel testimony from the governor's staff.
"Most people have the sense to not subpoena a reporter," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press.
But the government has failed to treat this as a First Amendment case involving a strong presumption that it should not subpoena a writer's notes.
But while the panel did make "document requests" to the C.I.A., it did not subpoena the C.I.A. for the documents and tapes.
Because leak investigations raise Constitutional issues about press freedoms, Justice Department regulations say that prosecutors may not subpoena reporters' testimony or communications records unless they have exhausted all other means of getting the information they are seeking.
Rachel L. Swarns (NYT) SOUTH AFRICA: SUBPOENAS WITHDRAWN: Bowing to pressure from the media, the Human Rights Commission has agreed to invite -- not subpoena -- dozens of editors and news directors to defend themselves against charges of racism.
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The transcripts of the earlier two interviews were not subpoenaed by Congressional investigators.
He said the F.B.I. had not subpoenaed it and had not asked for his two other BlackBerries.
Ms. Galbraith said six institutions had received requests for documents, not subpoenas, from Mr. Cuomo's office.
Mr. Robbins was not subpoenaed, but had he been, he would also have fought it, he said.
Because the requests were not subpoenas issued by a court or Congress, C.I.A. officials could not be held in contempt for failing to respond fully, Mr. Lowell said.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com