Wednesday, February 15, 2012

Enemy of the State

Or...Surpassing George W - Part Whatever.
“The government does not pursue every leak,” said Mark Corallo, who served as the Justice Department’s spokesman in Mr. Bush’s administration. “On balance, it is more important that the media have the ability to report. It’s important to our democracy.”

That does not seem to be the view of the Obama administration, which has brought more prosecutions against current or former government officials for providing classified information to the media than every previous administration combined.

[...]

MR. ASHCROFT authorized a single subpoena for reporters’ testimony or records in his four years in office, Mr. Corallo said. He would not say so, but that subpoena was probably the one that troubled Judge Sack in 2006. The reporters lost. In a dissent, Judge Sack said he feared for the future.

[...]

Consider the most recent prosecution, of John C. Kiriakou, a former C.I.A. agent who is said to have disclosed classified information to journalists in 2008 about the capture and interrogation of an operative of Al Qaeda.

[...]

The criminal complaint in the case says it is based largely on “e-mails recovered from search warrants served on two e-mail accounts associated with Kiriakou.”

Mr. Aftergood said the complaint provided both vivid glimpses of interactions between reporters and sources and proof of a new era in surveillance.

“The Kiriakou complaint is astonishing,” he said, “because you see the government delving into the innards of the news production process.”

[...]

In a second case, against Jeffrey A. Sterling, a former C.I.A. officer accused of providing classified information to another Times reporter, James Risen, for a 2006 book, the government has been more aggressive, insisting that Mr. Risen must testify.

[...]

Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, [...] described a conference in June organized by the Aspen Institute that brought together lawyers, journalists and intelligence officials to talk about government secrecy. The ground rules, she said, were that the identities of those involved were to be kept confidential, but what was said could be reported.

“I was told in a rather cocky manner” by a national security representative [...]: “We don’t need to ask who you’re talking to. We know.”

The solution for reporters, Ms. Dalglish said, is to adopt Mr. Woodward’s methods from the 1970s. “For God’s sake, get off of e-mail,” she said. “Get off of your cellphone. Watch your credit cards. Watch your plane tickets. These guys in the N.S.A. know everything.”

Mr. Corallo, the former Justice Department spokesman, provided corresponding advice to government officials. “Don’t be stupid and use e-mail,” he said. “You have to meet a reporter face to face, hand him an envelope and walk away quickly.”

  NYT
...but hey, do what you want...you will anyway.

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