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Judge sets deadline for James Risen subpoena

A federal judge is giving Attorney General Eric Holder one week to decide whether to press forward with the Justice Department's years-long effort to force New York Times reporter James Risen to testify against one of his alleged sources for reporting about a CIA effort to undermine Iran's nuclear program.

U.S. District Court Judge Leonie Brinkema issued an order Tuesday telling DOJ that it's time to make a call on whether Risen will be called as a prosecution witness when ex-Central Intelligence Agency officer Jeffrey Sterling goes on trial next month in Alexandria, Va. on charges of disclosing national defense information without authorization.

"Because Mr. Risen's presence or absence at the trial will have a significant impact on how the parties present their case, a decision about Mr. Risen must be made sufficiently before trial to enable the parties to prepare adequately," Brinkema wrote in her order (posted here). At a hearing set for Dec. 16, "the United States must be prepared to commit to a position on whether it will be seeking Mr. Risen's testimony for the trial, and if so, any conditions or limitations it has worked out with Mr. Risen's counsel," the judge wrote.

Brinkema's order seemed to evince some impatience with the Justice Department. She alluded to the fact that Risen's Supreme Court petition seeking to press his claim of reporter's privilege was rejected in June. "Since June 2,2014, the United States has had over six months to decide whether it will

subpoena James Risen to testify at this trial," she noted.

A Justice Department spokesman had no immediate comment on the order.

Holder suggested in October that some compromise "resolution" of the dispute over Risen's testimony was likely, but the journalist's attorneys said they had no idea what the attorney general was referring to. A lawyer for Risen said Wednesday he is still waiting for word from the Justice Department about its next move.

Brinkema ruled in 2011 that Risen did not need to identify his source, but a federal appeals court overturned her decision.

Risen has vowed not to identify his confidential sources, even if it means going to jail for contempt of court.

Holder has said no journalist will go to jail on his watch, while President Barack Obama has gone even further, saying no reporter should be "at legal risk" for his or her work.

Nevertheless, federal prosecutors disclosed at a hearing a couple of months ago that they had again initiated the Justice Department's internal process for demanding Risen's testimony.