Jailed video blogger granted bail, almost free

Video blogger Josh Wolf, who has been jailed since Aug. 1 for refusing to hand over footage to federal officials, was granted bail on Thursday by a federal appeals court.

In a five-sentence order, two Ninth U.S. Circuit Court of Appeals judges said Wolf was entitled to bail because the government had not shown his appeal of a judge's contempt-of-court ruling to be "frivolous or taken for the purpose of delay."

One of the Internet's earliest video bloggers, Wolf, 24, refused to testify before a U.S. grand jury and also refused to hand over unpublished video footage he shot during a clash between San Francisco police and anti-G8 protesters in July 2005. He was found to be in civil contempt and sent to a federal prison in Dublin, Calif., on Aug. 1, without bail--until now.

Dan Siegel, one of Wolf's Oakland, Calif.-based attorneys, said Thursday afternoon that he was on his way to the prison to take care of some procedural matters and expected his client's release Thursday night or Friday morning. Siegel said he expected Wolf would be released on his own recognizance.

The attorney was happy not only because of the judges' order, but because of what it says about the appeal.

"Looking at the wording, it suggests to me that the judges think the appeal has some merit," Siegel said.

If Wolf loses his appeal, he could be sent back to federal prison until the grand jury's term expires on July 1.

The case ended up in the feds' hands because federal prosecutors--who among other things want to see if Wolf's footage shows a San Francisco police car being set on fire at the protest--say they have jurisdiction over the case because the car was paid for in part by federal dollars.

The Society of Professional Journalists last week awarded $30,000 to Wolf's defense fund.

Today's ruling was first reported by the San Francisco Chronicle.