Is Sean Hannity A Journalist?

Just In: Hannity team responds - “We are evaluating the letter from the committee. We remain very concerned about the constitutional implications especially as it relates to the 1st amendment. We will respond as appropriate.” – Jay Sekulow counsel for Sean Hannity tells @ABC https://t.co/yyK6jA4VhQ

— John Santucci (@Santucci) January 4, 2022

Is there a constitutional definition of “journalist”? Or is it like Potter Stewart’s definition of pornography?

I ask because I don’t know; but I also don’t think it’s relevant to the legal analysis.  The only question is: are Sean Hannity’s text messages and his conversations with Donald Trump privileged because he works for a cable TV show? Would the same question arise if it was Jon Stewart and he was still hosting “The Daily Show”?

That’s a serious question.

Jay Sekulow, on the other hand, is not a serious lawyer.

A journalist has no Constitutional shield against testifying, except for the 5th Amendment right we all have. They can refuse to divulge sources, but that’s no different than me refusing a subpoena. In either case, we face contempt charges (absent, yes, local shield laws.  I'm not sure a D.C. shield law, if there is one, would apply to Congress, though  I'm pretty sure Congress hasn't passed one against itself). Hannity doesn’t have the protection of executive privilege; not in the D. C. Circuit, not now. He has no protection except the 5th; and that would be interesting if he tried to use it.

Surely Fox can get better 1st Amendment counsel than Sekulow. That speaks volumes. Fox isn’t protecting him; or they’re only pretending to. Either way, they don’t think he’s a journalist.

SEAN HANNITY CONSPIRED WITH THE PRESIDENT OF THE UNITED STATES TO OVERTHROW AN ELECTION.

FULL STOP.

— YS (@ReallyActivist) January 5, 2022

There's no "Get Out of Jail Free" card for that.