11/18/06

Judge bars N.Y. Times from using sources in defense against lawsuit

ALEXANDRIA, Va. (AP) -- A federal judge has ruled The New York Times may not rely on information from a columnist's confidential sources in its defense against a libel lawsuit filed over the newspaper's coverage of the 2001 anthrax attacks.

Former Army scientist Steven Hatfill, once identified by authorities as a "person of interest" in the anthrax mailings that killed five people in late 2001, is suing the Times for libel for a series of articles written by columnist Nicholas Kristof.

U.S. Magistrate Judge Liam O'Grady issued the ruling Friday as a sanction against the newspaper for refusing to disclose the identities of two confidential FBI sources used by Kristof. O'Grady had earlier ruled that Hatfill needed "an opportunity to question the confidential sources and determine if Mr. Kristof accurately reported information the sources provided."

The Times had cited FBI sources in reporting Hatfill was one of a limited number of people with the access and technical expertise to manufacture the anthrax and that he failed lie-detector tests. Hatfill was a physician and bioterrorism expert who worked at the Army's infectious disease laboratory at Fort Detrick, Md., in the late 1990s.

In its filings, the Times has suggested Kristof had numerous sources for his stories. He initially refused to identify five sources but later disclosed the identities of three, saying they had released him from his pledge of confidentiality.

The judge said Hatfill's right to move forward with his lawsuit outweighed the limited immunity Virginia gives reporters from disclosing sources. A trial in the case is scheduled for Jan. 29.

The Justice Department has refused to discuss Hatfill but recently said the strain of anthrax used in the attacks was accessible to more people than initially reported. No one has been charged in the attacks.