United States District Court, District of Columbia.

“ The defendants contend that the reporter's privilege does not apply to this case because Mr. Robinson has been subpoenaed regarding a book he is writing for his own personal gain and not for The Washington Post. The Court must reject any distinction on such grounds. First, the fact that the news gathering is conducted for financial gain is irrelevant. Reporters normally receive salaries for their news gathering efforts, Such financial gain does not taint the importance of the services to our cherished first amendment goals. ”

“ In criminal proceedings, a reporter moved to quash a subpoena duces tecum issued upon the defendants' application. The District Court, Charles R. Richey, J., held that the reporter was protected from the subpoena power of the criminal defendants by the newsman's privilege where there were alternative avenues for access to the information in the reporter's possession. Subpoena quashed. ”

“ The Court has already heard testimony from numerous eyewitnesses to the briefing. The Court has also heard testimony from an FBI agent who testified with the assistance of notes made during the briefing and another agent who testified from notes made within a short period of the briefing. Any testimony the reporter could offer would be merely cumulative and less than the best evidence available. There plainly are alternative means to obtain information about the briefing and the testimony of the reporter would be far less than necessary to a fair resolution of this case. ”

“ Second, the reporter's privilege must encompass all news gathering efforts, not simply those for newspapers: "The press in its historic connotation comprehends every sort of publication which affords a vehicle of information and opinion." Lovell v. City of Griffin, 303 U.S. 444, 452, 58 S.Ct. 666, 669, 82 L.Ed. 949 (1938) .
Finally, the defendants contend that the proceedings in New York Times v. ”