When President Obama addressed the American Society of News Editors convention last month, the real news was what didn’t happen. The watchdogs didn’t bark. No discouraging word from the gathering of 1,000 of the country’s top news people, facing a president whose administration has led a vigorous attack on journalism’s most indispensable asset — its sources.
Obama took office pledging tolerance and even support for whistleblowers, but instead is prosecuting them with a zeal that’s historically unprecedented. His Justice Department has conducted six prosecutions over leaks of classified information to reporters. Five involve the Espionage Act, a powerful law that had previously been used only four times since it was enacted in 1917 to prosecute spies…
…As Steven Aftergood, director of the Federation of American Scientists’ government secrecy project, put it: “The administration’s aggressive pursuit of leaks represents a challenge to the practice of national security reporting, which depends on the availability of unauthorized sources if it is to produce something more than ‘authorized’ news.”
What’s behind the administration’s fervor isn’t clear, but the news media have largely rolled over and yawned. A big reason is that prosecutors aren’t hassling reporters as they once did. Thanks to the post-9/11 explosion in government intercepts, electronic surveillance, and data capture of all imaginable kinds — the NSA is estimated to have intercepted 15-20 trillion communications in the past decade — the secrecy police have vast new ways to identify leakers.
So they no longer have to force journalists to expose confidential sources. As a national security representative told Lucy Dalglish, director of the Reporters Committee for Freedom of the Press, “We’re not going to subpoena reporters in the future. We don’t need to. We know who you’re talking to.”
While the Bush administration treated whistleblowers unmercifully, the Obama administration has been far worse. It is actually prosecuting them, and doing so under the Espionage Act — one of the most serious charges that can be leveled against an American. The Espionage Act is an archaic World War I-era law meant to go after spies, not whistleblowers. Strangely, using it to target the media and sources is the brainchild of neo-conservative Gabriel Schoenfeld, who would have sources who disclose information to reporters, journalists who then write about it for newspapers, the newspapers that publish the information and the publisher itself all be held criminally liable.
Everyone wants to know why Obama, with his pledge to “protect whistleblowers,” would do this. After all, Obama’s transition agenda recognized that “[o]ften the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out. Such acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled.” That’s not just a broken promise, it’s a complete reversal.
Jesselyn Raddack, Salon. Obama Targets Journalists.
Related: See Glenn Greenwald — also from Salon — from this past weekend.
In an article about Laura Poitras, an Oscar-and Emmy-nominated documentarian, he writes that she is detained for questioning — and has her analog and digital belongings (think footage, notes, etc) investigated — “virtually every time” she enters the United States.
[Poitras] has had her laptop, camera and cellphone seized, and not returned for weeks, with the contents presumably copied. On several occasions, her reporter’s notebooks were seized and their contents copied, even as she objected that doing so would invade her journalist-source relationship. Her credit cards and receipts have been copied on numerous occasions. In many instances, DHS agents also detain and interrogate her in the foreign airport before her return, on one trip telling her that she would be barred from boarding her flight back home, only to let her board at the last minute. When she arrived at JFK Airport on Thanksgiving weekend of 2010, she was told by one DHS agent — after she asserted her privileges as a journalist to refuse to answer questions about the individuals with whom she met on her trip — that he “finds it very suspicious that you’re not willing to help your country by answering our questions.” They sometimes keep her detained for three to four hours (all while telling her that she will be released more quickly if she answers all their questions and consents to full searches).