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Lance Williams and
Mark Fainaru-Wada Mark Fainaru-Wada is an American journalist and writer, working for ESPN since 2007. He formerly was a reporter with the '' San Francisco Chronicle'', where he and Lance Williams achieved fame in covering the BALCO steroid scandal. He is co-aut ...
co-authored the book '' Game of Shadows'' while they were reporters for the ''
San Francisco Chronicle The ''San Francisco Chronicle'' is a newspaper serving primarily the San Francisco Bay Area of Northern California. It was founded in 1865 as ''The Daily Dramatic Chronicle'' by teenage brothers Charles de Young and Michael H. de Young. The p ...
''. For their investigative work in the field of steroids, Williams and Fainaru-Wada were given the 2004
George Polk Award The George Polk Awards in Journalism are a series of American journalism awards presented annually by Long Island University in New York in the United States. A writer for Idea Lab, a group blog hosted on the website of PBS, described the award ...
. In the course of their investigative research, Williams and Fainaru-Wada were the first to report that: *track star Marion Jones purportedly received illegal drugs from the steroid supplier BALCO *world record-holder
Tim Montgomery Timothy Montgomery (born January 28, 1975) is an American former track sprinter who specialized in the 100-meter dash. In 2005, he was stripped of his records—including a now-void men's 100-meter world record of 9.78 seconds set in 2002—a ...
testified before a federal grand jury that he had used steroids *baseball slugger
Jason Giambi Jason Gilbert Giambi (; born January 8, 1971) is an American former professional baseball first baseman and designated hitter. In his Major League Baseball (MLB) career, which began in 1995, Giambi played for the Oakland Athletics, New York ...
testified that he had used steroids On May 5, 2006, Fainaru-Wada and Williams were subpoenaed to testify before a federal grand jury about how they obtained leaked grand jury testimony. On May 31, the authors urged United States District Judge Martin Jenkins of
San Francisco San Francisco (; Spanish for " Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the fourth most populous in California and 17t ...
to excuse them from testifying. This appeal was supported by
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
s from '' Washington Post'' reporters
Carl Bernstein Carl Milton Bernstein ( ; born February 14, 1944) is an American investigative journalist and author. While a young reporter for ''The Washington Post'' in 1972, Bernstein was teamed up with Bob Woodward, and the two did much of the original new ...
and Mark Corallo, a former press secretary to former
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
John Ashcroft John David Ashcroft (born May 9, 1942) is an American lawyer, lobbyist and former politician who served as the 79th U.S. Attorney General in the George W. Bush administration from 2001 to 2005. A former U.S. Senator from Missouri and the 50th ...
, but was denied on August 15, 2006. On September 21, 2006, after refusing to comply with the subpoena, the journalists were sentenced to 18 months in prison for contempt of court. The two have repeatedly stated that they would go to prison before revealing their sources. The two avoided jail time, however, when attorney Troy Ellerman pleaded guilty on February 14, 2007, to leaking the information, lying to prosecutors, obstructing justice and disobeying a court order not to disclose grand jury information. The two reporters were awarded the 2007 Dick Schaap Award for Outstanding Journalism. Fainaru-Wada left the ''Chronicle'' in November 2007 to join
ESPN ESPN (originally an initialism for Entertainment and Sports Programming Network) is an American international basic cable sports channel owned by ESPN Inc., owned jointly by The Walt Disney Company (80%) and Hearst Communications (20%). The co ...
. In August 2009, Williams left the ''Chronicle'' for California Watch, a new West Coast division of the Center for Investigative Reporting.


Grand jury subpoena


Forced to testify

On August 15, 2006, as part of United States v. Fainaru-Wada, 06-90225, U.S. District Judge Jeffrey White ordered Fainaru-Wada and Williams to comply with their subpoenas and testify, saying that, if they do not, they will be held in contempt and incarcerated until such time as they decide to talk or if the grand jury expires and has to be thrown out. They may also be freed from this obligation if a higher court reverses the ruling. The reporters have previously stated that they would rather go to jail than testify.


Controversy

Following Judge White's decision to uphold the
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
, public controversy stirred concerning whether or not the two reporters should be forced to reveal their sources. While many contend that confidential sources have been utilized by the press since the beginning of its existence, others believe that by not revealing their confidential sources, Fainaru-Wada and Williams are, in effect, obstructing justice and should be punished accordingly. Those who believe that confidential sources are necessary in reporting often point to the work of
Bob Woodward Robert Upshur Woodward (born March 26, 1943) is an American investigative journalist. He started working for ''The Washington Post'' as a reporter in 1971 and now holds the title of associate editor. While a young reporter for ''The Washingt ...
and
Carl Bernstein Carl Milton Bernstein ( ; born February 14, 1944) is an American investigative journalist and author. While a young reporter for ''The Washington Post'' in 1972, Bernstein was teamed up with Bob Woodward, and the two did much of the original new ...
of ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' and their mysterious source, " Deep Throat," to whom they refer several times in their articles detailing the
Watergate scandal The Watergate scandal was a major political scandal in the United States involving the administration of President Richard Nixon from 1972 to 1974 that led to Nixon's resignation. The scandal stemmed from the Nixon administration's continu ...
. In an
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
, California Attorney General
Bill Lockyer William Westwood Lockyer (born May 8, 1941) is a retired American politician from California, who held elective office from 1973 to 2015, as State Treasurer of California, California Attorney General, and President Pro Tempore of the Californi ...
stated that, "To jail a journalist because he protected his source is an assault not only on the press, but on Californians as well." Eve Burton, who has been the
Hearst Corporation Hearst Communications, Inc., often referred to simply as Hearst, is an American multinational mass media and business information conglomerate based in Hearst Tower in Midtown Manhattan, New York City. Hearst owns newspapers, magazines, tele ...
lawyer for the two reporters, said, "I think that they ainaru-Wada and Williamshave the constitutional right to protect their sources. I think law-enforcement's interest in determining who leaked the information to the press has to be balanced against the significant public-reporting that these guys did. Without the laws that have protected journalists for the past thirty years," she contended, "We wouldn't have had
Watergate The Watergate scandal was a major political scandal in the United States involving the administration of President Richard Nixon from 1972 to 1974 that led to Nixon's resignation. The scandal stemmed from the Nixon administration's continual ...
, we wouldn't have had BALCO, and we won't have the next government corruption case that comes along. That's the importance to the public in this. The reporters
ust UST or Ust may refer to: Organizations * UST (company), American digital technology company * Equatorial Guinea Workers' Union * Union of Trade Unions of Chad (Union des Syndicats du Tchad) * United States Television Manufacturing Corp. * UST Gr ...
be able to provide public information, and without the use of confidential sources -- carefully conceived, properly used -- we will not learn about important matters that involve our government." Lance Williams also expressed a similar concern, saying, "As far as the government coming after us, the world has changed since this story was published. In he days of Woodward and Bernstein the government was not going around the country subpoenaing reporters. This is a very new development. It's really an innovation of the current
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
, as far as I can tell. But the number of reporters subpoenaed in the past decade is not very great. And the number subpoenaed recently is a large proportion of the number subpoenaed in the past 20 to 25 years. We didn't know we were risking jail, we thought he governmentwould try to find out the sources, but we really did not anticipate that it would get to this point. Because as a matter of practice, that wasn't what they were doing in those days." On January 18, 2007,
John Conyers John James Conyers Jr. (May 16, 1929October 27, 2019) was an American politician of the Democratic Party who served as a U.S. representative from Michigan from 1965 to 2017. The districts he represented always included part of western Detroit ...
and Tom Davis sent
Alberto Gonzales Alberto R. Gonzales (born August 4, 1955) is an American lawyer who served as the 80th United States Attorney General, appointed in February 2005 by President George W. Bush, becoming the highest-ranking Hispanic American in executive governm ...
a letter asking him to withdraw the subpoenas.BALCO journalists find ally in Conyers
January 18, 2007


Government motivation

On August 21, 2006, in an interview with Forrest Wilkinson of RealGM, Lance Williams was quoted as saying, "We always thought there was a disconnect between the government's interest in steroid use. There's no question that the people who put the case
gainst BALCO Against may refer to: * ''Against'' (album), 1998 album by Brazilian metal band Sepultura ** "Against" (song) the title track song from the Sepultura album *Against (American band) Against (styled as AgainST) were an American crossover thra ...
together bent over backwards to protect the users of the drugs, first they condoned their use of illegal drugs, then they excised all of their names from the court filings. It goes on to this day -- this attempt to protect these wealthy athletes." Fainaru-Wada also questioned the government's motives, "You have these high-profile athletes, multi-million dollar athletes in some cases, who were the users of the drugs and, wanting to clean up sports," he contended, " ongressprobably houldexpose those people, and yet, all those athletes are protected and their names were hidden from public file, or retracted by using generic names such as 'A Major League Baseball player', 'an NFL player', those types of things."Lance Williams: 'Government Bent Over Backwards To Protect Drug Users'
August 22, 2006


Criticism


Profit from book

After having published '' Game of Shadows'', it has become a topic for debate as to whether it should be acceptable to profit from material illegally disclosed to them. Both Fainaru-Wada and Williams claim that they have received little-to-no profit from their book, to this point. "We haven't seen anything from royalties yet. All I can say is, we're not getting rich, we're not retiring, we're not buying new houses, we're not buying mansions or anything like that. I'm not going to change my status (Laughs). And I would just say, even if it did, it's not relevant. I didn't do this for the money, Lance didn't do this for the money; we did this because we love reporting, because this is a great story, and because it's an important one, and that's why we did it," Fainaru-Wada said in the RealGM article. He also remarked, "Lance has a 'semi-joke' that, he did the math, and he makes, in a year, as a reporter for the Chronicle, what arryBonds makes in three innings." Williams went even further, saying that they had actually received an advance-payment so that they could afford to take time off work to write '' Game of Shadows''.


References


External links


Reporting in Shadows: The Mark Fainaru-Wada and Lance Williams Story

Mark Fainaru-Wada, Investigative Reporter
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ESPN ESPN (originally an initialism for Entertainment and Sports Programming Network) is an American international basic cable sports channel owned by ESPN Inc., owned jointly by The Walt Disney Company (80%) and Hearst Communications (20%). The co ...
MediaZone
Justice Department on steroids
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Lance Williams
at LC Authorities, with 1 record {{DEFAULTSORT:Williams, Lance And Fainaru-Wada, Mark Sportswriters from California San Francisco Chronicle people George Polk Award recipients Living people Doping in baseball Journalists imprisoned for refusing to reveal sources Writing duos Year of birth missing (living people)