Can an attorney for a defendant in a criminal case subpoena an out-of-court transcript from a television station for production of a speech made publicly?

Similarly, in United States v. Cutler, 6 F.3d 67 (2d Cir. 1993), an attorney for a defendant in a criminal case, charged with contempt of court after making public statements about the case in violation of the trial judge's order, subpoenaed a TV station's outtakes of his pronouncements. Id. at 69-70. The case did not involve confidential materials, as the attorney's pronouncements were made publicly in front of television cameras. Id. at 69. We affirmed the district court's ruling that the journalists' privilege was overcome because

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