Peister v. United States

permitting in camera review of statements of a government witness despite qualified journalistic privilege because of the unavailability from another source | finding “no evidence that the prosecution acted in bad faith ... or overstepped the bounds of propriety and fairness” by making promise of informal immunity | “[Jjournalists possess a qualified privilege not to divulge confidential sources and not to disclose unpublished information in their possession in criminal cases.” | courts must balance defendant’s need for desired information against journalist’s interest in preventing production in a specific case | journalists possess qualified privilege arising under federal common law to withhold unpublished information in criminal cases | “Of course, the lack of a confidential source may be an important element in balancing the defendant’s need for the material sought against the interest of the journalist in preventing production in a particular case.” | verbatim statements of witnesses contained in videotape "[b]y their very nature ... are not obtainable from any other source. They are unique bits of evidence that are frozen at a particular place and time.” | considering subpoena for documentary materials