WASHINGTON — Two reporters facing jail for refusing to divulge their sources about the leak of an undercover CIA officer's name lost Tuesday in federal court for the third time.
The full U.S. Court of Appeals for the District of Columbia Circuit declined to reconsider a three-judge panel's ruling compelling Time magazine's Matthew Cooper and the New York Times' Judith Miller to testify before a federal grand jury about their confidential sources or go to jail for up to 18 months.
Both publications will ask the appeals court to put off any sanctions while they pursue an appeal to the Supreme Court.
"We are disappointed with the court's decision," Times spokesman Toby Usnik said.
Chicago U.S. Atty. Patrick J. Fitzgerald, a special prosecutor in the case, has said the reporters' refusal to identify their sources has stalled his investigation into who revealed the name of CIA officer Valerie Plame.