FAIR USE NOTICE

FAIR USE NOTICE

A BEAR MARKET ECONOMICS BLOG


This site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in an effort to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. we believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law.

In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.

FAIR USE NOTICE FAIR USE NOTICE: This page may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. This website distributes this material without profit to those who have expressed a prior interest in receiving the included information for scientific, research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C § 107.

Read more at: http://www.etupdates.com/fair-use-notice/#.UpzWQRL3l5M | ET. Updates
FAIR USE NOTICE FAIR USE NOTICE: This page may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. This website distributes this material without profit to those who have expressed a prior interest in receiving the included information for scientific, research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C § 107.

Read more at: http://www.etupdates.com/fair-use-notice/#.UpzWQRL3l5M | ET. Updates

All Blogs licensed under Creative Commons Attribution 3.0

Creative Commons License
This work is licensed under a Creative Commons Attribution 3.0 Unported License.

Tuesday, June 12, 2012

The Obama Administration Is Criminalizing Investigative Reporting

June 12, 2012

media
The Huffington Post



Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors

The Obama Administration Is Criminalizing Investigative Reporting


Dan Froomkin

 
Criminally investigating the kinds of leaks that are the bread and butter of national security investigative reporting is a noxious overreaction by hyper-controlling government officials who don't want us to know what's being done in our name.

Attorney General Eric Holder announced last week that he has assigned two U.S. attorneys to lead criminal leak investigations into recent media reports about topics including how drone attacks are approved at the White House and how a computer virus attack was launched against Iran's nuclear program.
There is such a thing as a criminal leak -- for instance, when an administration official intentionally outs a covert CIA operative in an attempt to discredit an administration critic.

But leaks that expose secrets that have momentous public policy implications need to be treated differently, because they are a critical part of our nation's system of checks and balances. Knowledge is essential to the public's ability to restrain executive (and legislative) power.

In this case, part of the pressure for an investigation came from Congress -- from Sen. John McCain, who accused the Obama administration of leaking for political gain, and from the bipartisan leaders of the House and Senate intelligence committees, whose most righteous anger seems to be reserved not for violations of international law, torture statues or civil liberties, but for those occasions when the public, thanks to aggressive reporting by journalists, knows more than they do about something.

If President Obama is truly concerned about these leaks -- which I'm not at all sure he is -- there's a very simple solution. He can call in top national security staffers and other top officials and demand to know what role they played in these stories. If they leaked, and did so without his implicit or explicit approval, and he really thinks that was the wrong thing to do, he can fire them. If they lie to him (like Karl Rove did to George Bush about his role in the Valerie Plame leak) then Obama has bigger problems with his staff than leaks.

Outsourcing the investigation to the Department of Justice instead is a cowardly ducking of responsibility -- with tremendously dangerous potential. This is especially the case because under Obama and Holder, the DOJ -- presumably to build up good will with the intelligence community -- has taken to charging such leaks as violations of the draconian Espionage Act, a 1917 law intended for the prosecution of people who are aiding the enemy. Furthermore, the official DOJ position now seems to be that there is no reporter's privilege at all in such maters, and therefore no need to even consider the nature of the leak, how much if any damage it actually caused, what the intentions of the leaker were, and how much it served the public interest.

The six previous times the Obama administration has charged government officials who leaked to the press with Espionage Act violations -- more than all previous presidents combined -- have already sent a chilling message to investigative reporters and the whistleblowers they depend on.

That is ultimately not a good thing for our democracy. And one would have hoped that a president ostensibly devoted to transparency would recognize that.
Cross-posted from NiemanWatchdog.org, where Froomkin is deputy editor.
 

Follow Dan Froomkin on Twitter: www.twitter.com/froomkin

No comments:

Post a Comment