Judge wants reporter to reveal sources in spy case (Bill Gertz)

SANTA ANA – A Washington Times reporter has been subpoenaed by a federal judge who wants him to reveal the sources for a story he wrote about an engineer convicted of conspiracy to export U.S. defense technology to China.

National security reporter Bill Gertz was ordered to appear before U.S. District Judge Cormac Carney in June, the newspaper reported Saturday. The judge has also requested e-mail messages, files and correspondences.

Gertz cited U.S. government sources in a 2006 story saying that Justice Department officials approved an indictment against Tai Mak and that four of Mak's relatives would also be charged.

Mak's attorneys had objected to Gertz's story, contending the government violated a federal rule barring federal officials from giving information about grand jury proceedings to outsiders. Carney ordered an investigation to determine who leaked the information.

“We will be presenting our case to the judge and we remain hopeful that he will be receptive to the arguments we present to him in trying to preserve Bill's and the Times' First Amendment right to report the news and his other legal rights as well,” Times executive editor John F. Solomon said.

The four family members were eventually indicted. All have pleaded guilty to related offenses in exchange for leniency. Mak is serving a 24-year sentence in federal prison.

-- BILL Gertz may be busted? --

Not exactly. The US District Judge has ordered Bill Gertz to testify as to who, in the government, leaked grand jury information. The judge ordered the government to investigate the leak, but the government investigation did not result in identifying the leaker.

The entire basis for the judicial order is preservation of grand jury secrecy (i.e., enforcement of Rule 6(e)).

The complaint about the leak, the order for the investigation, and the subpoena of Mr. Gertz are a "mini case" fully contained (for now) in the docket of the prosecution of the Chinese spies.

   U.S. District Court for the Central District of California
   Case No. 8:05-cr-00293-CJC
   Case title: USA v. Mak et al
   Judge Cormac J. Carney

   Date Filed      #       Docket Text
   ----------      ---     -----------
   11/20/2006      299     MINUTES (IN CHAMBERS) ORDER GRANTING IN PART
                           AND DENYING IN PART DEFENDANT'S MOTION FOR
                           DISCOVERY OR OTHER RELIEF RELATING TO
                           GOVERNMENT MISCONDUCT [filed 10/06/06] by
                           Judge Cormac J. Carney.
                           Court Reporter: n/a. (ca )
                           (Entered: 11/22/2006)

   03/07/2007      406     MINUTES OF IN CHAMBERS ORDER by Judge Cormac
                           J. Carney: Re: Government Investigation into
                           Possible Rule 6(E) Violation (ln, )
                           (Entered: 03/12/2007)

   04/30/2008      701     SUBPOENA IN A CRIMINAL CASE issued
                           as to William Gertz. (mt)
                           (Entered: 05/02/2008)

   05/01/2008      700     MINUTES OF IN CHAMBERS ORDER REGARDING
                           INVESTIGATION INTO RULE 6(e) VIOLATION
                           by Judge Cormac J. Carney as to Defendant
                           Chi Mak, Rebecca Laiwah Chiu, Tai Wang Mak,
                           Fuk Heung Li, Yui Mak: Based on the content
                           of the 5/16 article and the Government's
                           concession of an impermissible leak, the
                           Court finds that the individual who leaked
                           the grand jury information to Mr. Gertz
                           violated Rule 6(e). Accordingly, the Court
                           finds it necessary to subpoena Mr. Gertz
                           to testify regarding the identity of the
                           source that provided him with the grand
                           jury information contained in the 5/16
                           article. Pursuant to a subpoena issued on
                           4/30/08, Mr. Gertz shall appear before this
                           Court on 6/13/08 at 9:00 AM. (see document
                           for further details (mu)
                           Modified on 5/7/2008 (mu, ).
                           (Entered: 05/01/2008)

   05/30/2008      709     EX PARTE APPLICATION for Leave to File
                           Excess Pages as to Motion to Quash filed
                           by NON-PARTY WITNESS William Gertz Filed by
                           Plaintiff William Gertz as to Defendant Chi
                           Mak, Rebecca Laiwah Chiu, Tai Wang Mak, Fuk
                           Heung Li, Yui Mak (Attachments:
                           # 1 Memorandum of Points and Authorities in
                           support of Ex Parte Application,
                           # 2 Declaration Declaration of Charles Leeper,
                           # 3 Proposed Order Proposed Order,
                           # 4 Proof of Service)(Cullen, Siobhan)
                           (Entered: 05/30/2008)

   05/30/2008      710     ORDER RE: EX PARTE APPLICATION FOR LEAVE
                           TO FILE EXCESS PAGES by Judge Cormac J.
                           Carney: IT IS HEREBY ORDERED that the
                           application 709 is granted and Gertz'
                           Memorandum of Points and Authorities in
                           support of his Motion to Quash may be up to
                           50 pages in length, but hopefully less than
                           50 pages in length. (mu)
                           (Entered: 05/30/2008)

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