James Risen, the author and New York Times reporter who this summer was ordered to testify in a leak case involving a former Central Intelligence Agency official, may be headed to the Supreme Court.
The full U.S. Court of Appeals for the Fourth Circuit on Tuesday declined to hear an appeal from Risen. In July, a three-judge panel of the court ruled 2-1 to order Risen to testify in the trial of Jeffrey Sterling, the former CIA officer accused of leaking information to Risen. According to The New York Times, Tuesday's decision is expected to set up an appeal by Risen to the Supreme Court "in what has become a major case over the scope and limitations of First Amendment press freedoms."
“We are disappointed by the Fourth Circuit’s ruling,” Joel Kurtzberg, a lawyer for Risen, told the Times. “My client remains as resolved as ever to continue fighting.”
The full appeals court voted 13-1 to reject Risen's petition. Risen has said he would go to prison before testifying about his sources.
“I am determined to keep fighting," Risen told the Times.