In his otherwise thoughtful rebuttal to my proposal to subpoena the journalists who published the Supreme Court leak (see Dershowitz and Addressing the Supreme Court Leak), Joel Cohen ignored my main point. This case is different from other leak cases in that the leaker was not disclosing any governmental misconduct. The only misconduct here was by the leaker. No legitimate purpose is served by protecting the identity of this leaker.

Alan M. Dershowitz is the Felix Frankfurter Professor of Law, Emeritus at Harvard Law School.