Bronstein Survives Week of Subpoenas and Circulation Plunge , By: Joe Strupp

May 11, 2006

NEW YORK Could this past week have been any stranger for San Francisco Chronicle Editor Phil Bronstein? First, two of his reporters were subpoenaed last Friday to testify before a grand jury investigating how they were leaked secret testimony in the ongoing BALCO steroid scandal.

Next, San Francisco Giant Barry Bonds -- the subject of the paper's subpoena-prompting steroid coverage -- is about to surpass Babe Ruth on the all-time home run list, and the historic dinger will likely take place just blocks south of the Chronicle's offices. Because of the controversy surrounding the event, and the Chronicle's unusual part in it, the paper is admittedly limited in how it can exploit the moment.

Finally, on Monday, the semi-annual FAS-FAX circulation report revealed the Chronicle's circulation had dropped about 15%, the most among major U.S. papers.

"In my experience here as editor, it is not unusual to have many things going on at once," Bronstein said Wednesday night. Noting San Francisco's reputation for strange happenings, he added, "When has there not been a multiplicity of crises here?"

Commenting on the subpoenas issued last week to reporters Lance Williams and Mark Fainaru-Wada, Bronstein said they would be fought, first with a motion to quash and, if needed, an appeal to the Federal Circuit Court of Appeals. He said a hearing on the case is set for late May.

Bronstein said he had received support from several journalism groups since the subpoenas were issued. He went on to note the irony of the Bush administration going after these reporters about a year after both had been handed an award from President Bush at the 2005 White House Correspondents Dinner for the very stories now being attacked.

"George Bush told them that they had done a service when he gave them the awards," Bronstein said. "It seems ironic. It is also ironic that the two reporters could face more jail time then the defendants in the case."

The reporters, who first broke news of Bonds' steroid use in late 2004, had utilized leaked grand jury testimony from a federal investigation into illegal steroid distribution by BALCO, which has already resulted in several convictions.

The leaked information also is part of a recently published book, "Game of Shadows," by Williams and Fainaru-Wada. The subpoenas were prompted by the investigation involving a second grand jury, based in Southern California, formed to find out who leaked the original testimony to the reporters.

"The basic decision is not to comply with the subpoenas," said Bronstein, who believes both the California shield law and previous court rulings could help the reporters fight it, even though it involves a federal court. "I think there is an all-over-the-board set of rulings that are not clear."

Bronstein, whose paper had received letters from the U.S. Justice Department in 2004 seeking the identity of sources who had leaked the testimony, said the subpoenas were not a surprise, but were not expected at this time. "We didn't know what was going on. We knew there was a grand jury convened to look at the leak, but we had not heard anything," he said, noting that the reporters remain on the job, and on the steroid story. "I am not inside the head of prosecutors, but what is clear is that they are aggressively pursuing a case that does not involve national security."

Another irony is that Bonds is about to pass Ruth on the home run list not far from the Chronicle building. During Thursday's game against the Chicago Cubs, he could hit the tying 714th homer. Bronstein says the paper is covering the event as it would any other such happening, but admits no celebratory special sections or other extra acknowledgement is likely.

"We might do some more artistic rendering photo of the moment, we certainly will cover it as a news story," he said. "We are very careful not to make any of the coverage different because our reporters are involved. Major League Baseball is also grappling with how to deal with it."

Meanwhile, on the circulation front, Bronstein pointed out that the paper's circulation drop is something all papers are facing, adding that the Web site is booming. "In terms of the trend of newspapers, we are unfortunately in a large group," he said. "But we also have a major surge in [Web site] usage. We are really well-positioned."