Ex-federal prosecutor sizes up case of FoxNews.com reporter protecting source

Tom Dupree a former deputy assistant U.S. attorney general, told FoxNews.com Live on Friday that FoxNews.com reporter Jana Winter could face a tough time avoiding jail for protecting her source in an exclusive story in the aftermath of the movie theater massacre last year in Aurora, Colo.

"There's no question she's in a challenging position," Dupree said.

Winter's story was about law enforcement officers obtaining a notebook of the defendant in the massacre, James Holmes.

A Colorado judge is expected to decide Wednesday whether Winter will be called to testify.

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