Skip to main content

There’s something profoundly despicable about a Justice Department that would brazenly violate the First and Fourth Amendments while spying on journalists, then claim to be reassessing such policies after an avalanche of criticism — and then proceed, as it did this week, to gloat that those policies made possible a long prison sentence for a journalistic source.

Welcome to the Obama Justice Department.

While mouthing platitudes about respecting press freedom, the president has overseen methodical actions to undermine it. We should retire understated phrases like “chilling effect.” With the announcement from Obama’s Justice Department on Monday, the thermometer has dropped below freezing.

You could almost hear the slushy flow of public information turning to ice in the triumphant words of the U.S. attorney who led the investigation after being handpicked by Attorney General Eric Holder: “This prosecution demonstrates our deep resolve to hold accountable anyone who would violate their solemn duty to protect our nation’s secrets and to prevent future, potentially devastating leaks by those who would wantonly ignore their obligations to safeguard classified information.”

Translation: This prosecution shows the depth of our contempt for civil liberties. Let this be a lesson to journalists and would-be leakers alike.

Audibly on the chopping block are provisions in the Bill of Rights such as “freedom … of the press” and “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Obama administration’s pernicious goal is to normalize circumstances where journalists can’t credibly promise confidentiality, and potential leakers don’t believe they can have it. The broader purpose is to destroy independent journalism — which is to say, actual journalism — which is to say, freedom of the press.

Impacts are crystal clear to just about any journalist who has done reporting that’s much more than stenographic services for official government and corporate sources. When unofficial sources are choked off, not much is left other than the Official Story.

The Official Story is routinely somewhere between very selective and mendacious. A case in point, ironically enough, is the Justice Department’s righteous announcement that the prison term for the leaker of information to The Associated Press reflected the Department’s “deep resolve to hold accountable anyone who would violate their solemn duty to protect our nation’s secrets.”

“Hold accountable anyone”? (Laugh, scream or cry; take your pick.)

Like others before it, the Obama administration has made a frequent practice of leaking classified “secrets” to media outlets — when its calculus is that revealing those secrets will make the administration look good. Of course in those cases the Justice Department doesn’t bother to track down the leakers.

Such extreme hypocrisy in high places has become so normalized that major media outlets often seem completely inured to it.

Hours after the Justice Department’s announcement on Monday that its surveillance of AP phone records had resulted in a lengthy prison sentence, the PBS “NewsHour” did not devote a word to it. Perhaps the program could not find a few seconds to shave off the lengthy beach-ball interview that Judy Woodruff conducted with former President Clinton.

To the top echelons of quasi-journalistic enterprises that are bankrolled by corporate advertisers and underwriters, the disappearance of confidentiality — along with routine violations of the First and Fourth Amendments — might hardly matter. Official sources flood the media zone.

But the New York Times coverage should have given attentive readers indigestion over breakfast Tuesday: “A former F.B.I. agent has agreed to plead guilty to leaking classified information to The Associated Press about a foiled bomb plot in Yemen last year … Federal investigators said they were able to identify the man, Donald Sachtleben, a former bomb technician, as a suspect in the leak case only after secretly obtaining AP reporters’ phone logs, a move that set off an uproar among journalists and members of Congress of both parties when it was disclosed in May.”

The Times added: “Sachtleben … has agreed to serve 43 months in prison for the leak, the Justice Department said. His case is the eighth leak-related prosecution under the Obama administration. Only three such cases were prosecuted under all previous presidents.”

How did the Justice Department catch Sachtleben in the first place? By seizing records of calls on more than 20 phone lines used by Associated Press reporters over a two-month period.

This is more than a chilling effect on the First Amendment; it’s an icy wind, threatening to put real freedom of the press into a deep freeze. Journalists — and the rest of us — should respond with outraged opposition.

EMAIL TO A FRIEND X
Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags

?

More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

  •  A "journalistic source" is not the same (0+ / 0-)

    as a journalist. Sachtleben is a gossip and he gossipped about something he had taken an oath not to reveal.
    The law as it applies to agents of government is different. Individual persons do not have to be obedient; they just have to avoid doing harm. Agents of government, on the other hand, are paid to take orders and do what they are told--nothing more and nothing less.
    The same principle applies to Manning. It probably does not apply to Snowden because he worked for a private contractor. In a sense, the privatizers in Congress who wanted to be rid of the obligation to be accountable, are seeing the chickens come home to roost. But, I will grant that they may not have understood what they were about. Because that the law is stricter for agents of government and they are limited to doing just what they are told has not been understood that way. Recently, our agents of government, especially in the legislative branch, have interpreted "limited government" to mean that there are limits to what they tell citizens to do. That they're the ones who are supposed to do what they are told doesn't even occur to people who think they were selected to rule.

    Reminds me of my four year old grandson who announced that he had to tell his mother what to do. Another grandson, at age seven, bemoaned that parents are not obligated to do what children want. So, apparently, understanding the proper allocation of authority is something that evolves as humans mature. But, also apparently, some people never get there.
    I'm not sure where public servants get the idea that they are to be served, but it's an idea of which they need to be relieved.

  •  Obama, Holder, Clapper, Alexander, Lew, (0+ / 0-)

    sux

    Rivers are horses and kayaks are their saddles

    by River Rover on Wed Sep 25, 2013 at 07:43:25 AM PDT

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site