A federal appeals court Tuesday said it would not reconsider a July decision ordering New York Times reporter James Risen to testify in the trial of a purported source.
"I will, of course, keep fighting," Risen told Politico's Josh Gerstein Tuesday.
The decision "is expected to set up an appeal by Mr. Risen to the Supreme Court in what has become a major case over the scope and limitations of First Amendment press freedoms," Charlie Savage writes in the Times.
"It's possible prosecutors could withdraw the subpoena, particularly under new guidelines Attorney General Eric Holder issued in July limiting efforts to seek information or testimony from journalists," Gerstein writes. Gerstein also posted a copy of the court's decision.
Related: NYT interview with Obama: No surveillance questions?