Are Journalists Exempt?

October 4, 2016

If I receive goods that I know or have reason to believe have been stolen, I’ve broken the law. My crime may be a felony or a misdemeanor depending on various factors but I’ve broken the law. I live in Illinois and the governing Illinois statute is here. Note that it does not contain an exemption for journalists, my reading of Illinois’s “shield law” suggests that it does not extend to receiving stolen goods, and there is no generally accepted common law right of journalists in this area.

Does anyone know what the New York state law is regarding receiving stolen property and any relevant exemptions for journalists?

7 comments… add one
  • Doug Mataconis Link

    The relevant part of the the Illinois statute reads:

    Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen.”

    A comparable New York State statute, found at Section 165.40, which reads:

    ” A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.”

    In both cases, the law requires some knowledge on the part of the defendant that the property in question, or receipt of the property in a manner that would reasonably lead them to believe that the property was stolen.

    Applying this to the question of the New York Times and the Trump tax records, which I assume is what motivates this question, it’s worth noting two points:

    1. The envelope the documents were received in had a Trump Tower return address, suggesting the person who sent them may have possessed copies for perfectly legitimate reasons; and,

    2. The tax returns in question were signed by Trump’s ex-wife Marla Maples in addition to Trump and there has been some suggestion that Maples is the source of the documents. If that’s the case, then the returns were hers as much as Trump’s and were, by definition, not stolen,

    In any case, there doesn’t appear to be an exemption for journalists. But, it’s worth noting that in both Illinois and New York, possession of a ‘stolen’ copy of a tax return would likely be considered, at best,, a misdemeanor.

  • Doug Mataconis Link

    Here’s a link to the relevant NY law

    http://ypdcrime.com/penal.law/article165.htm#p165.50

  • Dave Schuler Link

    Thanks, Doug. I agree that it would probably be a misdemeanor.

    It’s also a good example of how the differences among states’ laws matter.

  • PD Shaw Link

    Isn’t there a Pentagon Papers issue here as well, as in the publication of information that was illegally removed by someone other than the newspaper, enjoys First Amendment protection?

  • Steve Link

    Do we know for sure his ex had nothing to do with this? Otherwise, I think PD has it.

    Steve

  • Dave Schuler Link

    The presumption of innocence applies to persons not evidence. If the NYT refused to disclose its source (as it should), the most reasonable conclusion is that it was stolen.

  • steve Link

    I am thinking that if the ex did release this, it would be with the provision that the NYT not disclose that. Trump comes across as a pretty vindictive guy. That said, the thought occurs that it might not even be legal for her to release it. PD might know this, but is it possible that as part of the divorce settlement she agreed to relinquish all rights to tax returns? Overall, I am betting he has about the best security he can get on those tax returns. Surprised anything got out.

    Steve

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