LOS ANGELES - January 23 - Attorneys today filed a grumbles motion on behalf of journalist Josh Wolf who has now been jailed for over 150 days after refusing to cooperate with a grand jury investigation. The federal appeals court in San Francisco has rejected requests to reconsider his case. Unless he is released, he is likely to become the longest held journalist in United States history. The motion to release Josh from prison argues that no matter how long he serves, his commitment to principle is such that he will not testify before the Grand Jury. Under the law, if the court finds that he will not give in, his confinement is therefore punitive and he must be released.

To date, the record for longest a journalist held in prison has been held by Houston reporter Vanessa Legget who was jailed for 168 days in 2002 for refusing to testify before a federal grand jury and turn over her research materials. In 2005, New York Times reporter Judith Miller was released after 85 days in jail for refusing to name her sources in a grand jury investigation.

In November, the U.S. Court of Appeals in San Francisco (9th Circuit) let stand the decision by a three-judge panel which found that the California Shield Law, does not extend to federal investigations and that thus there is no reporter's privilege that would allow reporters like Wolf to refuse to participate in a grand jury investigation.

Josh Wolf is a freelance journalist and video-grapher. In September 2006, he was forced to re-enter a Federal Penitentiary for refusal turn over his news footage from a July 2005 G-8 protest to a Federal Grand Jury based on his journalistic principles. Wolf has repeatedly stated and signed a declaration under oath that there is nothing in his footage, which relates to the police investigation. Attorneys for Wolf have offered to show the footage to the Judge and to the US Attorney in order to prove that there is nothing on the tapes which relates to the investigation. Both offers have been refused, raising concerns that the Government is seeking to have the journalist testify (as was specified in the original subpoena).

“Josh Wolf’s commitment to principle should be rewarded and not punished. He is a fine young man; a journalist in the best tradition. His continued imprisonment is a violation of both the first amendment and of Josh’s constitutional rights” said Martin Garbus, attorney for Josh Wolf.

“I am continually saddened and distressed by the US Government holding my son in jail for 150 days because he is standing up for our rights to access to a free press. Josh has never been accused of or charged with a crime. He is being held in an attempt by the government to use journalists to collect names of dissidents who disagree with this administration's policies. My son is standing up for all of us. Let's stand up for him.” Stated Liz Wolf-Spada, Josh’s mother.

For more information about Wolf, please visit: http://joshwolf.net/freejosh/

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