SF journalist Josh Wolf to set new US record for jail time

by Howard Vicini
Posted January 31 , 2007

San Francisco CA – On Tuesday, February 6 th , independent journalist and video blogger, Josh Wolf, will achieve an unwelcome new record for the most days behind bars by a journalist on contempt charges for refusing to comply with a subpoena to disclose sources or turn-over materials in U.S. history.

Wolf is being held in contempt of a Federal Grand Jury in a case that dates to a protest rally held in San Francisco ’s Mission District against corporate globalization in July 2005, in which police intervened. Wolf shot video of the protest, and an incident between the protestors and police, and sold portions of his coverage to KRON, an independent, Bay Area television station.

During the incident, a San Francisco  police officer sustained serious injuries and the police claimed that protestors tried to set an SFPD cruiser on fire. In their prosecution of the case against some of the demonstrators, government lawyers claimed that Wolf’s video might hold evidence relevant to their case and demanded that he turn over his raw, unedited video although they had already obtained the edited version that aired on KRON.

Wolf claimed exemption from the demand in the subpoena under a CA shield law which is designed to protect journalists, their sources, and raw materials, such as interview transcripts and unedited audio or video tape, that is similar to protections provided under shield laws on the books in 49 States and the District of Columbia for decades, according to the NY Times.

The provisions of the CA law became moot, however, when the prosecution successfully argued that the case should be moved to Federal jurisdiction under a provision of Homeland Security legislation. They claimed that the law allows a case to be moved to Federal Court when any Party in the case has accepted funding from the Department of Homeland Security. As a Party in the case, the San Francisco Police Department met this qualification according to a ruling made over the objections of Wolf’s lawyers.

With no Federal shield law and now outside State jurisdiction, a U.S. District Judge ordered Wolf to turn over the unedited video. When he refused, the judge held him in contempt of the Grand Jury and sent Wolf to a Federal Holding Facility in Dublin CA , for 31 days, beginning on Aug 1, 2006.

Media activists, professional journalism organizations, and news outlets were quick to express alarm over the handling of the case and cried fowl at what they claimed was transparent move to side-step CA law while Federal advocates claimed that public safety as defined under Homeland Security legislation has to trump protections afforded journalists. In fact, Congress debated this matter when both Houses came close to enacting a Federal shield law with bi-partisan support in July 2005.

Bills pending in both houses of Congress at that time were amended to address the government’s concern that the rights of reporters should not override the security of the Nation when it faces an imminent threat. However, Members on both sides of the aisle and representatives of the Press who testified in hearings cautioned that this should be a very narrow exemption. William Safire, a retired NY Times columnist, asserted that journalists should only be required to disclose sources or turn-over materials when the Nation was facing an imminent threat defined as an actual and urgent threat, not a potential threat.

In a July 2005 editorial, the NY Times urged Congress to quickly enact the legislation, noting, “there [is no] reason to believe that a journalistic privilege would hamper prosecutions any more than the privileges already granted to doctors, psychiatrists, lawyers and spouses. There is no case on record where prosecutions have not been brought or have failed because of shield laws in states where such laws – including many providing absolute protection – have been on the books for decades.

“Witnesses spoke of the dozens of subpoenas,” the Times editors continued, “that have been issued to journalists in recent times and the half-dozen or more reporters who have been found to be in contempt of court for doing their jobs – some journalists, like Judith Miller of The Times, have actually been jailed.”

As an example of how the threat to journalists was damaging the credibility of news organizations, the Times editorial went on to cite a case in which the Cleveland Plain Dealer decided not publish two investigative reports because they were based on leaked documents and the paper feared the possibility of subpoenas. According to the report the Plain Dealer editor asserted, “Jail is too high a price to pay.”

Despite bipartisan support and the urgent appeals from the public and the media, the 109 th Congress failed to deliver the legislation, leaving Wolf to face U.S. District Judge William Alsup who has consistently ruled against the blogger. Wolf’s defenders were further dismayed when Alsup abruptly revoked Wolf’s bail in November 2006 and returned him to the Dublin prison just before the holidays while a matter on appeal by Wolf’s lawyers was still pending in a move that seemed to fly in the face of legal precedent and has been condemned by the National Lawyers Guild.

Wolf’s attorneys argued unsuccessfully that forcing Wolf back to prison while they are appealing the contempt ruling is punishment not coercion. “The government argues and apparently the panel agrees that imprisoning Wolf will coerce him to hand over any videotape he might have,” said Jose Luis Fuentes, an NLGSF member representing Wolf. “But as long as we are awaiting a decision by the full 9th Circuit Court, imprisoning Wolf is just punishment and serves no coercive effect.”

Throughout the arguments before the Court, professional journalists have rallied behind Wolf. “A video journalist’s unedited tape is like a reporter’s notebook,” said Linda Jue, President of the Northern California chapter of the Society of Professional Journalists (SPJ) that gave Wolf their 2006 Journalist of the Year Award for his stand. Jue continued, “Government attempts to intimidate journalists such as Josh Wolf are getting more frequent these days, and that raises frightening implications for the public’s right to know. If newsmakers have to regard journalists as involuntary detectives for the police, then journalists will lose access to sources, and the public will lose access to the kinds of vital information it needs to make democracy work.”

SPJ and other professional groups including the National Press Photographers Association have come forward to help defray the cost of legal defense for the young journalist while Wolf’s local supporters including Oakland-based Media Alliance are planning fundraising events to mark the date on February 6 th when Wolf achieves the new record.

Wolf will probably pass the day he achieves his distinction much as he has the other 168 days behind bars that he has described on his blog which has become a rallying point for his friends and family. He will probably be denied a chance to comment on his new record because numerous members of the Press seeking to interview Wolf have been denied access to the Dublin facility.

But Wolf’s mother, Liz Wolf-Spada, will be speaking out as she has been through her son’s ordeal. The third grade teacher from Southern California made a recent trip to Memphis to speak on behalf of her son at the Free Press Media Conference and she will be back on the road to Washington D.C. in February to take Wolf’s case to Members of Congress. “I’m really a little out of my element,” she noted to a friend recently, “but I’m learning.” In Wolf’s hometown, San Francisco friends and colleagues are establishing a formal committee to work for his release and passage of the Federal shield law.

U.S. District Judge Alsup remains unyielding however and refused the latest attempt by Wolf’s attorneys to secure his release this week, increasing the likelihood that Wolf could be held through July, when the grand jury’s term expires.

As one of Wolf’s advocates stated, “The more [Judge} Alsup becomes entrenched in his view that he can break Josh’s will, the louder his decisions speak for the urgent need to pass a Federal shield law.

If the Judge is sincere in his conviction, he is working against his own interests because this unreasonable, unrelenting punishment of a journalist for upholding the rights of a Free Press as guaranteed by the First Amendment is providing us with momentum to demand immediate Congressional action. He has also severely underestimated Josh Wolf who firmly believes he is defending liberty for us all.”

The State of the Union I would love to hear

by Howard Vicini
Posted January 23 , 2007

Mr. Vice-Pres, Mrs. Speaker, Distinguished Members of the Congress, the Judiciary, and Armed Forces, Fellow Americans – Democrats and Republicans alike – I come to you tonight as a humble servant of the citizens of the United States to offer a new course for this Nation in accordance with the wishes of our electorate, who spoke with a loud, clear voice last November.

There have been times during this Presidency when America needed a strong leader with resolve and fortitude to shape our response to the tragedy of Sept 11, 2001; but, the American People have expressed in the most compelling election of our times that they believe this time is over and that they wish to change our course in Iraq and start bringing our troops home in a dignified and timely way.

As all of you know, I do not agree with this strategy but I respect the will of the People and the new Congress. And, so, tonight, I wish to outline a new way forward in Iraq , but not the one that I recently spoke of.

First, to the Iraqi People, I offer my sincerest assurance that America will not abandon you; however, the American people have noted that we have accomplished the objectives we set before we came to Iraq: to free you from the tyranny of Saddam Hussein, his sons and henchmen, and to give all Iraqis time and opportunity to establish and participate in a new government that represents the interests of all. Those things we have accomplished through the sacrifice of American blood that was offered willingly and bravely by our Service men and women in the spirit of Brotherhood and with hope and belief in a bright future for your Nation.

Unfortunately, not all Iraqis nor all Muslims share our belief in the value and worth of the individual as expressed through Democratic principals. But I trust that the majority of Iraqis do and Americans feel that it is now time for the majority in Iraq to take up the task of bringing peace and stability to your countrymen through courage and resolve, and I pledge that if you do, you will continue to have the resources of America behind you and the goodwill of the American People at your side.

The exact nature of the changes in our policy will be shaped through open dialogue among my administration, our Congress, and your government in the coming months. However, let me be clear that it is now time for all Iraqis – ALL Iraqis – to come together to build on the foundation we have laid for you. I know that your government will not look like ours and that is as it should be because two governments of the People, by the People will be as different as the beliefs, customs, and heritage of those peoples are different.

But I hope that each of you remember and pass on to future generations of Iraqis the truth that America did not come to conquer you, that America did not stay to rule you, and that America kept its promises, including our promise to leave Iraq in the good hands of its People.

To the American People – each of you in this chamber, each of you watching or listening from your homes and places of work, and especially to each of you serving in our Armed Services – I say humbly and sincerely thank you for your support, sacrifice, and courage in the years since Sept 11, 2001. I have heard your call and I am ready to start the task of bringing our troops home with the first redeployment to begin in July of this year.

In the coming weeks, I will re-examine the recommendations of the Baker-Hamilton commission and invite participation by all members of Congress through the leadership to help shape our strategy of redeployment. The only conditions I set are that we stand by our troops and that we stand by the Iraqi People. Beyond that, I trust that the goodness, charity, and belief in democratic principals held by all Americans will guide us as they always have and always will.

Let me add a final note to members of our Armed Services, I, like all Americans, cannot wait to welcome you with a homecoming of gratitude and joy for the renewed sense of security and pride we feel after all that you have accomplished.

There are still tasks to be finished, including the continued mission to train and strengthen the Iraqi forces, and the mission in Afghanistan . But, for most of you, the end of this long war is now in sight. You left your families and friends to serve this Nation and you will now come home to a Nation that considers each of you family.

Whatever you have endured, whatever sacrifice you have made, I promise that we will stand by you and your loved ones as you make the transition to home and peace that you so richly deserve. Though we have shared a large portion of our national wealth with Afghans and Iraqis, please trust that we have saved the best for you.

I know that I speak for my administration and the Congress when I say your welfare is not a red issue, nor a blue issue, it is a red, white, and blue issue and when you need us, we will be there.

Let it be known throughout the World, that when I speak of our Nation’s sacrifice and bravery in fighting the War on Terror, I include the young warriors of all our allies, and the men and women of Iraq , Afghanistan , and Muslims everywhere who supported our cause. We will never forget you and I look forward to working alongside you to build for Peace in the World.

Last, to our foes, I want to say that I know if you could see into our hearts you would know we are not your enemies until you threaten our security and safety at home. In the coming months, I hope people of all faiths and nationalities will re-examine your beliefs and fears about America ’s intentions and measure them against our efforts to free the Iraqi People from a tyrant and the fact that Iraq is now back in the capable hands of its people. Ask yourselves, what enemy would come, conquer, help rebuild and then ask nothing to walk-away?

I have learned many things from this struggle. America has learned many things as well, but what I hope all others have learned is that there are many good reasons to think of Americans as your friends and many painful reasons to provoke us and others from democratic countries to act as your enemy. I am ready and America is ready to sit down with any Country that shows a clear preference for peace whether we agree on other matters or not … we will give as we receive to build a better World for us all.

Let no one doubt that America respects all People, all Faiths, and all Nations who hold out the hand of friendship yet she will remain strong to protect our values, our borders and our friends when they are threatened.

Again, I ask that no one misconstrue one President’s humility in submitting to the will of the American People as anything other than what it is, because rule of the People, by the People, for the People is not a show of weakness … rather it is the basis of our government and, by design, our greatest strength.

And, now, my fellow Americans, we can turn again to our compelling domestic debates on healthcare, social security, tax cuts, education, and the environment. Yet we must always remember the lessons of 9/11 and stay vigilant and strong. The War in Iraq is coming to a close, the mission in Afghanistan is succeeding, but the War on Terror will go on and on.

Confucius held that, “Humility is the solid foundation of all the virtues,” and events of recent months have reminded me of lessons of humility that are the underpinning of my faith. Though I know that America does not seek to police the World, I urge Americans to remember that some extra responsibility always falls to those who are blessed as we are with prosperity and wealth, even as those things make us the target of others’ envy and ill will.

Therefore, even as I bow to the Will of the People concerning bringing an end to our mission in Iraq I will fight to keep America strong and safe.

Moreover, by my words tonight, it is my intention to set a tone for a rebirth of American community and bipartisanship as the electorate also demanded in November. These are the legacy by which I wish to be remembered by my Countrymen and I reach out tonight to every member of Congress and the leaders of other Nations with friendship and hope to build a better World with the wish to share this legacy with our generation of humankind.

Photo by Bill Carpenter

American Patriot
Josh Wolf

Legal experts fear that Wolf – now incarcerated for more than 145 days – will soon hold the U.S. record for time-served by a journalist for resisting a Federal Grand Jury subpoena.

SAN FRANCISCO , CA - When history has written the final assessment of the Bush administration, I trust there will emerge a list of those who made great sacrifices to slow the degradation of our national values that it caused. I also trust that high on that list will appear the name of my friend and personal hero, Josh Wolf, a young video journalist who now languishes in a federal prison in Dublin CA  on trumped-up charges that he impaired the cause of Homeland Security.

The charges against Wolf date to a protest rally held in San Francisco ’s Mission District against corporate globalization, in July 2005, that dissolved into chaos. Wolf shot video of the protest, and the resulting confrontation between the protestors and police, and sold portions of his coverage to KRON, an independent Bay Area television station.

Unfortunately, during the mêlée, a San Francisco  police officer was severely injured and the police claimed that protestors attempted to set an SFPD cruiser on fire though later investigation showed the damage was limited to a broken taillight.

In their prosecution of the case against some of the demonstrators, government lawyers made the claim that Wolf may have evidence relevant to their case and demanded that he turn over his raw, unedited footage of the event.

Wolf answered the claim with a personal assessment that there is nothing in the unedited video that was not disclosed in the edited version that the prosecution had already obtained from KRON; and, Wolf claimed exemption from their subpoena under a CA shield law which was designed to protect journalists, their sources, and raw materials, such as interview transcripts and unedited audio or video tape, Sixteen other States and the District of Columbia also afford journalists protections under similar laws.

But, in the upside-down world ruled by George W. Bush since 9/11, where State’s rights and legal precedent have given way to extraordinary power-grabs by the federal executive branch in the name of Homeland Security, the simple fact that the SFPD accepted some funding from the Department of Homeland Security gave the government the right to bring the case in Federal Court where protections afforded journalists were already diminished under the Patriot Act and Executive Orders issued by the President since 9/11.

The last time I stood face-to-face with Wolf in front of San Francisco’s Federal Building at the start of a press conference, he knew that he was staring down the barrel of a force that had caused more-seasoned journalists, with the resources of large, national news organizations behind them, to blink in the wake of a contempt case in which New York Times reporter Judith Miller was jailed for her refusal to divulge off-the-record information and confidential discussions with her sources during an investigation of who disclosed the name of CIA undercover operative Valerie Plame.

Both Wolf and I knew that his case was not going to attract a national spotlight nor afford him a large grant of public opinion to work in his favor. In fact, we agreed, it was probably because of his low profile and limited resources that the government was using the case to establish legal precedent to support their new interpretation of freedom of the press. But, in that respect, I knew the government lawyers were underestimating Wolf.

As reporters and his legal staff assembled, Wolf was pensive and expressed concerned about his mother and the effect worry about his safety in a federal prison might have on her. He also mused over the irony of having to defend his rights over video that he believed to be worthless in the prosecution of the government’s case. But, we both knew the issue was much bigger than the images in his video; and, I knew Wolf had already made up his mind to fight so I just muttered a reassurance that mothers are nearly-always stronger than their children know. “She’ll be proud of you,” I said, and then Wolf was called to speak.

I only had a chance to talk to him briefly by phone after I heard he was released following his first thirty days of incarceration. We agreed to meet for lunch as soon as he got caught up, but he never had time. I soon learned on an Internet blog that he was in NYC for interviews when he received word that the government was giving him 48 hours to report back to prison where he remains on an indefinite timetable.

I admit that Wolf is not a man who commonly projects a heroic image. Like me, he is small in stature in a world where most heroes are depicted as tall. His shock of black hair is so thick that a comb barely shows its passing and it stands in stark contrast to pale skin that suggests a nocturnal existence. His black, thick-rimmed glasses barely contain his eyes that dart about like his conversation and it is painful to think about that youthful energy trapped behind bars.

Still, I know there is worth in his resistance. The waste of his time and potential are not of his choosing; but, for me, they are symbolic of this period of American history lead by a rogue President and his administration who are, in my mind, already unworthy of our heritage and the sacrifice of those who suffered and died to make us free.

Josh Wolf, American patriot and hero? I suspect Wolf would be the first to laugh at the prospect. But, what else do you call a young person who is willing to defy misuse of power and overwhelming odds to uphold the values of freedom even at the expense of his own? Humbled by his courage, I find little I can do but pray that Wolf, and America , will soon again be free.

Visit Josh‘s Prison Blog

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