In a filing (PDF) released August 26, 2013, Fox News TV reporter Jana Winter has requested that the Sept 30, 2013 hearing in the James Holmes' case be vacated and rescheduled for sometime in January 2014. Sept. 30, 2013 is the day when she was supposed to honor a subpoena and testify on the identity of the two law enforcement officials that told her that James Holmes had sent a notebook to his psychiatrist Dr. Lynne Fenton. The notebook has already been turned over to the prosecution so the issue is now the credibility of the officers who testified and claimed they were not her source. It is not even guaranteed that her sources has even testified in the matter.
Winter is using a New York appeals court's narrow decision to ask for the delay. They told her that she had to testify, but because two of the five dissented, she has the ability to appeal to a higher state court.
In the document, Winter hints that she might defy the subpoena. Her lawyers raise the possibility that she will be ruled in contempt before the high court has a chance to rule.
The gag order in itself is arbitrary because FBI agents have tried to influence press reports and Judge Samour has not even tried to enforce their infractions.
Revised: Added about possibly being ruled in contempt.