By Tony Thornton
Staff Writer
McALESTER — An Internet message board administrator today filed a formal objection to a subpoena ordering him to surrender information about people who posted on his site.
Meanwhile, McAlester police confirmed the subpoena is part of a criminal libel investigation for comments critical of District Attorney Jim Miller.
It remained unclear today who authorized the investigation, which apparently targets a Web site called the McAlester Watercooler (mccooler.net) and its administrator, Harold King.
King said two police detectives delivered the subpoena to him Tuesday. The subpoena orders King to supply by Saturday the names, addresses and other identifiers for 35 people who posted under pseudonyms.
King's objection states that he won't comply because the subpoena doesn't state who authorized it. Therefore, he wrote, "I consider the subpoena to be invalid."
The objection automatically forestalls the requirement on King to deliver the documents.
Miller told the Tulsa World he considered some comments on the Watercooler to be libelous.
Oklahoma is among 16 states with criminal libel laws still on the books, according to the Student Press Law Center. Most recently, Utah abolished its law in 2007.
An openness-in-government expert today said the subpoena "smacks of intimidation."
"It's outrageous for a district attorney to investigate criminal libel for criticism made against him. ... If he believes he has been libeled, he should sue civilly," said Joey Senate, past president of Freedom of Information Oklahoma and an assistant professor of journalism at Oklahoma State University.