Wednesday, January 04, 2006

FINALLY The NY Times Gets It

As I've mentioned several times in the last several months, reporters' shield laws were supposed to protect whistleblowers, not revenge seeking criminals. Those leaking the information that the US government was torturing detainees and running secret prisons were entitled to that protection. Those leaking the identity of a CIA operative for purposes of political revenge are not.

The NY Times should never have supported Judith Miller's refusal to name her source or sources. It should, however, support the journalists who refuse to name their sources in the cases of the rendition stories and the NSA domestic spying stories. Today the NY Times showed that it finally understood the distinctions involved.

A democratic society cannot long survive if whistle-blowers are criminally punished for revealing what those in power don't want the public to know - especially if it's unethical, illegal or unconstitutional behavior by top officials. Reporters need to be able to protect these sources, regardless of whether the sources are motivated by policy disputes or nagging consciences. This is doubly important with an administration as dedicated as this one is to extreme secrecy.

The longest-running of the leak cases involves Valerie Wilson, a covert C.I.A. operative whose identity was leaked to the columnist Robert Novak. The question there was whether the White House was using this information in an attempt to silence Mrs. Wilson's husband, a critic of the Iraq invasion, and in doing so violated a federal law against unmasking a covert operative. There is a world of difference between that case and a current one in which the administration is trying to find the sources of a New York Times report that President Bush secretly authorized spying on American citizens without warrants. The spying report was a classic attempt to give the public information it deserves to have. The Valerie Wilson case began with a cynical effort by the administration to deflect public attention from hyped prewar intelligence on Iraq. The leak inquiry in that case ended up targeting the press, and led to the jailing of a Times reporter.

...Leak investigations are often designed to distract the public from the real issues by blaming the messenger. Take the third leak inquiry, into a Washington Post report on secret overseas C.I.A. camps where prisoners are tortured or shipped to other countries for torture. The administration said the reporting had damaged America's image. Actually, the secret detentions and torture did that.
[Emphasis added]

Yes, finally the NY Times gets it. Now, let us hope that Congress does.

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Blogger josh williams said...

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