Word: subpoenae
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...Ervin committee, which has full subpoena powers, also has solid legal grounds for contending that White House officials cannot spurn any such subpoenas. Since he hopes to begin televised hearings in about two weeks, the issue is reaching a climax. It could easily lead to the most fascinating Capitol Hill TV drama since the Army-McCarthy hearings...
Berger advised the Senate to follow Senator Sam J. Ervin's (D-N.C.) suggestion to use subpoena and arrest procedures to force the executive privilege matter into the courts...
Specifically, Time Inc. proposed that the law cover both the issuance of subpoenas and conditions under which confidential information would be disclosed: "A subpoena for a reporter's testimony and material should not be issued unless it is established at a prior court hearing that the reporter has relevant information that cannot be obtained from any other source, and that the information is so important that lack of it might result in a miscarriage of justice...
Even if a subpoena is then approved, "a reporter should not be compelled to disclose confidential sources unless it can be demonstrated that there is imminent danger of loss of life if he does not disclose such information, or that he has essential information on a violent crime such as murder, kidnaping or skyjacking. Another criterion, which the Congress will no doubt consider, is overriding danger to the national security, though this concept is easily abused and extremely difficult to define...
...sweep of the subpoenas brought a sharp retort from news executives. New York Times Publisher Arthur Ochs Sulzberger said: "The Times will take all legal steps to have the subpoena quashed." Officials of TIME declared that such a sweeping subpoena is "an invasion" of Fischer's rights under the First Amendment. They explained that "While Time Inc.'s policy does not demand resistance to every subpoena of a newsman, the crucial factor here is that there has been no showing whatsoever that the documents and information demanded of Mr. Fischer are necessary to the resolution of the case...