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- Wolf seems to have only been half right
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Article I of the Bill of Rights; First Ammendment to the Constitution of the United States of America.
Quote
Congress shall make no law ? abridging the freedom of speech, or of the press;
Unquote
Wolf had not broken any laws, nor was he suspected of breaking any laws. He was present during a demonstration where he may have taken video footage of an assault on a police officer and police car in pursuit of a news story.
As a possible witness, he was subpoenaed to present his unedited tape, and to present testimony to the grand jury. As a news reporter, he was fully within his Constitutional rights to refuse to surrender his tape.
Grand Juries have the ability to subpoenae materials, witnesses and experts for the purpose of determining NOT whether a person is guilty or innocent, but whether there is enough evidence to show a crime may have been committed. Grand juries deliberations are secret, as is any testimony given them, and all that is supposed to go to the prosecution afterwards is a bill saying, ?Yes, the evidence is that a law had been broken?, or a ?No, there isn?t enough evidence.? The reason for the secrecy is to both protect the accused from prejudice, and in some cases, to not alert a suspect to an ongoing investigation.
Now the government could have offered to accept an unedited copy of the tape with the stipulation that they would not publish it until or unless Wolf had published his report; which seems to have been what they?ve finally done after keeping him in jail for almost a year. They would have been justified in seizing it only to prevent alteration or destruction of possible evidence, as long as they provided material restitution of the value to Wolf. Wolf was wrong in refusing to appear before the Grand Jury to testify. He could have provided testimony as long as it did not compromise his sources, or incriminate him in any legal violations (5th Ammendment right), or abridge his freedom of speech. And if I remember correctly, he would be allowed legal counsel while appearing before the Grand Jury. - Posted by: Dr_Zinj Posted on: 04/06/07 You are currently: a Guest | Members login | Terms of Use
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