There may not be another court to turn to for relief, but two-time Pulitzer Prize winner James Risen still won't back down in a fight to force him to turn over his confidential sources for his 2006 book, "State of War," which contained confidential CIA secrets regarding Iran's nuclear program.
The Fourth Circuit ruled against Risen last year, holding that Branzburg v. Hayes controlled and that there was no reporter's privilege that would keep a reporter off the stand during grand jury proceedings. It was a terrible outcome for press freedom, but as we noted before, it was a precedent required by precedent: The Supreme Court stated in Branzburg it could not "seriously entertain the notion that the First Amendment protects a newsman's agreement to conceal the criminal conduct of his source, or evidence thereof ..."
Only the Supreme Court could have changed that precedent, and it declined to take the case earlier this year. Legally, the battle ended there, but Risen, and his supporters, are still not backing down.