"Journalists are not entitled to promise confidentiality -- no one in America is," Fitzgerald, a U.S. Justice Department prosecutor, wrote in one of the court filings.

Attorney-client privilege? Counselor-client privilege? These privileges vary from state to state, there are rules and exceptions associated with them, but this prosecutor should be aware that in America, you are able to promise confidentiality in certain circumstances.

Reuters | Prosecutor pushes for jail for journalists in leak case