“ First, Cooper’s own article noted that the conduct of the officials involved an attack on an administration critic, not whistleblowing. Second, at a time when journalists seek a reporter’s privilege akin to the attorney-client privilege, they ought recognize that an attorney can be compelled to testify if his client communicates to the attorney for the purpose of committing a crime or fraud (or where the client waives the privilege) . Third, journalists are not entitled to promise complete confidentiality – no one in America is. ”

“ Cooper argues that there is no prospect that he will testify because he is ethically bound to honor a promise made to a source, even where the source committed misconduct. Cooper Motion at 2 and Exhibit B. Journalist Margaret Carlson argues in a letter submitted on his behalf that: “Journalists must honor their promises which protect the bad along with the good. We can’t separate them like the darks and the whites in the laundry.” Cooper Motion, Exhibit B, Letter 1. ”