Ann Louise Bardach and the New York Times have been fighting for five years to stop the reporter from being ordered to testify in the pre-trial of a Cuban anti-Castro militant indicted on charges of perjury, obstruction,
naturalization fraud and providing false statements to immigration
authorities. Bardach has now been ordered to testify.

The Reporters Committee for Freedom of the Press writes: Although the court’s ruling confirms the accuracy of her earlier
reporting about Posada’s crimes, “it is a troubling ruling for
journalism,” Bardach said. “While Posada was not a confidential source,
it could well deter subjects and sources from speaking to reporters in
the future and will likely encourage journalists and media organizations
to destroy notes or materials for fear of being used by prosecutors who
are either too lazy or fearful to build their own cases.”