The DOJ's Subpoena of a Journalist

On January 6th, 2021, “On the Media” reporter Micah Loewinger recorded the secret communications of the Oath Keepers on a walkie-talkie app called Zello. After reporting on the findings, Loewinger received a subpoena calling on him to testify in the first Oath Keepers criminal trial last year. In conversations with “On the Media” host Brooke Gladstone, “Death, Sex & Money” host Anna Sale, and Roger Parloff, a senior editor at Lawfare, Loewinger grapples with the consequences of his reporting, and explores what happens when a journalist is forced to testify in court. Plus, Loewinger looks at the nineteen-seventies Supreme Court case United States v. Caldwell to understand the legal precedents for journalists being called on to testify in federal investigations, the limits of First Amendment privileges for the press, and the sometimes tenuous relationship between journalists and the government. 

This episode originally aired on “On the Media” on May 26, 2023.