New filing says reporter won’t testify

The government has not reached a deal with a journalist who has refused to testify in the prosecution of an accused leaker.

Attorney General Eric Holder has said that he expects the situation to be resolved to the satisfaction of all parties without the reporter, James Risen of The New York Times, going to jail.

{mosads}But in a new filing, prosecutors say Risen has maintained he would not testify in the case, even if he is subpoenaed.

The government is seeking his testimony in its prosecution of former CIA operative Jeffrey Sterling. They allege that Sterling leaked classified information about the agency’s operations in Iran to Risen, a much-lauded national security reporter.

Risen hasn’t been charged with a crime, but he has expressed concern that authorities could place him in prison to compel his testimony. The case began under the Bush administration and has continued under the Obama White House.

The Obama administration has aggressively pursued leaks. Besides seeking Risen’s testimony, it also labeled Fox reporter James Rosen a “co-conspirator” in a different investigation.

In 2012, the government also secretly obtained two months of telephone records of Associated Press reporters and editors. This also appeared related to an investigation of leaked government information.

Holder last week expressed regrets about that language, which was used to get a search warrant to seize Rosen’s emails.

Rosen rebuffed Holder last week, saying his comments of regret “scarcely address the relevant facts of his conduct.”