However, in 2003 in "McKevitt v. Pallasch", Judge Posner reaffirmed the majority's opinion in "Branzburg" in a case concerning a refusal to stay an order, in a terrorism case in Ireland, to subpoena recordings of a key witness possessed by a group of journalists. Posner used the case-by-case balancing test envisioned by Justice Powell, writing: The federal interest in cooperating in the criminal proceedings of friendly foreign nations is obvious; and it is likewise obvious that newsgathering and reporting activities of the press are inhibited when a reporter cannot assure a confidential source of confidentiality. Yet that was "Branzburg" and it is evident from the result in that case that the interest of the press in maintaining the confidentiality of sources is not absolute. There is no conceivable interest in confidentiality in the present case.