Filing: Putting ex-WSJ reporter on witness list a “ruse”

Placing former Wall Street Journal reporter John Carreyrou on the potential witness list by former Theranos head Elizabeth Holmes for her trial is a “ruse” to keep him from reporting on the case, according to a filing by his attorneys, reports Sara Ashley O’Brien of CNN Business.

O’Brien reports, “In a court filing Friday, his attorneys say ‘it remains entirely unclear whether or why Holmes would actually want to call Carreyrou to the stand,’ and they’re chalking it up to a ‘ruse’ to keep Carreyrou from covering the story through his podcast.

“Holmes has refused to remove him as a possible witness or, alternatively, to exempt him from the exclusion and gag orders that would apply to certain witnesses, according to the filing. This, according to his attorneys, is an attempt to potentially keep the journalist out of the courtroom and from reporting firsthand on the high-profile case alongside other media.

“Now, his attorneys want the court to make clear that, if he is subpoenaed, the exclusion order (which prevents some witnesses from being inside the courtroom during other witness testimonies), or the gag order (which precludes them from speaking about their testimonies beyond their attorneys), would not apply to Carreyrou.

“His attorneys are asking the court to consider his First Amendment rights to cover the trial, as well as for clarity on what testimony may be sought if he’s called as a witness. An attorney for Holmes did not immediately respond to a request for comment.”

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