“A Massive Media Deflection”: There Is No Scandal in Tracking Down Leaks
In the middle of the other “scandals,” i.e. Benghazi and the Internal Revenue Service, that the Obama Administration has to deal with – and which may change the general direction of politics in America at the next general election – there is also the Department of Justice going after the Associated Press in a criminal investigation into leaks of classified information.
The real “news” for us on this last one is that it is no scandal, even though the media are spinning it that way.
Why? Simple: They want to continue getting – from “leakers” inside government – classified information and then publishing it. To them, it’s just another “hot story,” while for the people actually involved in the situation, it may mean risking their lives or the failure of an operation that could jeopardize our national security. In short, it sells us all out.
This is also why, in our Constitutional form of government, there is absolutely no right or protection for anyone to publish national security information – and “anyone” includes the media and press. Not only that, let’s say that a classified document is stolen or taken from an authorized government facility and given to a reporter. In this situation, the government clearly has the right – and even the obligation – to investigate the disappearance of the document and retrieve it by any legal means. This includes getting warrants for telephone records, wiretaps and even carrying out physical searches. And this same logic applies in the digital world.
Is it “legal” for the Justice Department to go after the AP as part of a criminal investigation into the loss or unauthorized disclosure of classified information? Absolutely, and the suggestion of a “scandal” is a massive deflection by the media. Again, the First Amendment simply does not “allow” the publication of national security information – never has, never will.
For some international perspective: We may be the only democracy in the world not to have what is called an “official secrets act,” a law that makes it a crime to publish national security information. This explains why we rarely – if ever – see similar situations arise, for example, in Canada, the United Kingdom or most other European countries. In these countries, their media simply do not – under penalty of criminal law – publish their classified information, much less actively seek it out, as they do here.
Do we need such a law here? Again, it is simply impossible to get an objective discussion of this question because of the emotional “freedom of the press” arguments, which begin from the false premise that there is somehow a constitutional right to publish government secrets. There is no such “right.”
On the other hand, does the government classify way too much information and keep it classified way too long? Yes. However, this problem has been addressed and readdressed over the years by rules that limit the number of “classification authorities,” by periodic reviews of classified information and by limitations on the number of years information can be classified. Of course, because of the immense damage some information could cause if it were released, there have to be exceptions – but this is the very nature of national security related information.
Ultimately, it is the president, as commander in chief, who is responsible for establishing, protecting and eventually releasing this kind of information – not the media.
Accordingly, when I was bi-partisan General Counsel to the Senate Select Committee on Intelligence (SSCI), I drafted this rather innocuous provision for inclusion in the fiscal 2001 Intelligence Authorization Act:
Whoever, being an officer or employee of the United States, a former or retired officer or employee of the United States, any other person with authorized access to classified information, or any other person formerly with authorized access to classified information, knowingly and willfully discloses, or attempts to disclose, any classified information acquired as a result of such person’s authorized access to classified information to a person (other than an officer or employee of the United States) who is not authorized access to such classified information, knowing that the person is not authorized access to such classified information, shall be fined under this title, imprisoned not more than three years, or both.
Was there “method to my madness”? Sure, however, it was also surprisingly easy for me to get bipartisan agreement to the language in both Houses of Congress – and also agreement from the White House in a “SAP,” a “Statement of Administration Policy.” And, after all, who could possibly disagree with it? It was “motherhood and apple pie,” as they say in Washington. I held my breath.
Then some media lobbyist must have actually read the legislation and the whole media industry came unglued and went to “general quarters” to defeat actual enactment of the law. So, notwithstanding that the law had already passed both Houses of Congress with bipartisan support, they got to Bill Clinton with an enormous and personal effort: And, Clinton vetoed the law in his final days as president.
At least the Washington Post – one of the world class publishers in this country, along with the New York Times, of leaked U.S. classified information – showed its “true colors” in this vapid editorial about the legislation:
“We don’t pretend to be neutral on this subject. Newspapers publish leaked material; our reporters solicit leaks. And some of the leaked material we publish is classified. But it is a mistake to imagine that all leaks of classified information are bad.” Editorial, The Washington Post, Aug. 24, 2001
I don’t know about you, but I don’t want any newspaper editor deciding whether to declassify presumptively sensitive national security information – they simply have no business doing it, regardless of how “hot” the story is or how well connected their “leaker” source is.
Hopefully, it’s this sad fact of political life in Washington that has the Obama Administration actively going after classified “leakers” – more than any administration has ever done. But far more effective would be some form of an “official secrets act” to better protect our nation.
Stated simply: It should be against the law to publish national security secrets – the First Amendment does not protect such irresponsible “journalism,” no matter how salacious the story might be. And, in this respect, we should be no different than our Canadian or British friends – no one there dares publish their national security secrets and no one here should dare publish ours.
By: Daniel J. Gallington, U. S. News and World Report, May 20, 2013
“Irresponsible Knee-Jerkery”: Very Bad News From ABC, NBC And CBS
Despite completely misreporting on administration emails related to the pretend Benghazi “scandal,” after they were misquoted (and/or fabricated) to him by a reportedly Republican source, ABC News and their White House Correspondent Jonathan Karl still refuse to properly correct and apologize for having lied about“obtaining” those emails.
Had Karl’s error — compounded by his “cover-up” even more than his original “crime” — contained news that falsely appeared good for Democrats instead of for Republicans, he would have been hammered and forever discredited by the right until finally fired by ABC News. But, alas, his completely false report on Benghazi benefited Republicans rather than Democrats, so no biggie, it seems. He gets to keep his career!
ABC’s Karl, however, wasn’t the only top-tier network newsman who blew it big time, further tarnishing the profession over the past week. Not by a long shot.
Here’s how NBC’s Brian Williams opened — opened! — NBC Nightly News last Tuesday, the same day that the Treasury Department’s Inspector General report was released, offering zero evidence of White House involvement in the so-called IRS “scandal”…
BRIAN WILLIAMS: “As a lot of American adults not so fondly remember, the last time the government was found looking into the phone calls of reporters and using the IRS for political purposes, it was the Nixon era, and while times have changed and circumstances are different, that subject came up at the Obama White House today as the administration now scrambles on several fronts.” (NBC Nightly News, May 14, 2013)
Odd. The “last time” we ”not so fondly remember…the government…found looking into the phone calls of reporters and using the IRS for political purposes”, was during the George W. Bush era, not the Nixon era. Did Williams sleep through that decade? Seemingly so. Or, it’s safer to allude to the discredited Nixon than the off-scot-free Dubya. Or, Williams simply felt like lying to his audience. Either way, why has Williams also failed to correct or apologize for his grotesquely absurd, remarkably misleading and demonstrably inaccurate opening? And why has he seemingly faced little or no pressure to do so (unlike Karl) from others in the media?
Finally, the network Sunday news shows this week — what we were able to catch of them, anyway — proved to be the usual misinformative lockstep knee-jerkery that keeps us from even bothering to check in on them much anymore. From ABC’s This Week with George Stephanopoulos (which, astonishingly failed to even mention Karl’s extraordinary journalistic lapse, but managed to end its broadcast nonetheless with the straight-faced voice-over: “ABC News: Accurate. Credible. Unmatched.”) to NBC’s Meet the Press to Fox “News” Sunday, they all pretended that last week’s week of “scandals” was on par with Watergate, Iran-Contra, Teapot Dome and other actual presidential scandals. That must be what they train for.
But the award for irresponsible knee-jerkery under the guise of seasoned journalistic commentary must certainly go to CBS’ Bob Schieffer, who, as seen on his Twitter account, appears quite proud of his breathless “dumb and dumber” finger-wagging on this week’s Face The Nation, despite its lack of tether to reality or verifiable facts…http://www.cbsnews.com/video/watch/?id=50147143n
So, ya didn’t even bother to read the IG’s report before describing the IRS scandal as “dumb and dumber”, did ya, Bob? We’ve sent that question to CBS and will update if we receive a response. But based on his commentary, it seems he clearly has not. Else, he could not have described the IRS as trying to “get away with” having “gone after the Tea Party” — not based on the currently existing evidence, anyway. Nor could he have made his completely irresponsible comparison to Watergate in the bargain.
So that’s a major fail, by the very highest echelons of each and every broadcast news outlet in a single week. And yet some dare to criticize us — a mere “blog” after all — for getting the story right, time and time again?! Seriously?!
By: Brad Friedman, The National Memo, May 20, 2013
“Resonance Resistant”: Republicans Racing Off The Cliff In Their Supercharged Outrage Machine
Whether one thinks the demiscandals being howled about in Washington should or should not resonate more widely, they don’t.
According to a Gallup report released Thursday, “The amount of attention Americans are paying to the I.R.S. and the Benghazi situations is well below the average for news stories Gallup has tracked over the years.” (The Associated Press phone records case wasn’t mentioned.) Why might this be? I have a few theories:
CREDIBILITY People know that the Internal Revenue Service is the conservatives’ bogeyman. It’s the agency that collects the taxes that Republicans hate so much. Some Americans see taxes as, at worst, a necessary nuisance; Republicans see them as an absolute evil. The I.R.S. is the agency that collects the wealth from “us” for the government to redistribute to “them.” As National Journal pointed out Friday, “The agency also implements much of the country’s social policy through the tax code.” We all know that anything with “social” in its name activates the conservative gag reflex.
And on the Associated Press front, it just doesn’t ring true to have Republicans standing up as defenders of the “lame-stream media.” It’s like the person with the club feigning common cause with the baby seal. People just don’t buy it.
Furthermore, Republicans have exhibited a near-pathological need to say anything, no matter how outlandish, that would invalidate the Obama presidency. This has left them with little credibility now that there may be legitimate problems. This is the story of the political party that cried “Kenyan.”
COMPLEXITY Where is Benghazi? Seriously, folks, quickly point it out on a map. Thought so. Now, to the controversy: the talking points — what they said, and the machination of how that was altered, and whether Al Qaeda should have been immediately blamed, and whether the word “terror” should have had an “-ist” or an “-ism.” Seeking to find the killers of four dead Americans is honorable; endless testimony about a fussed-over script used to explain the tragedy is mind-numbing.
UNPOPULARITY It is clear that the Justice Department overreached on the Associated Press scandal and that its strong-arm tactics are likely to have a chilling effect. But Americans are not big fans of mass media. A November Gallup poll found that only a fourth of Americans rate the honesty and ethical standards of journalists highly. Even bankers ranked higher.
As for Tea Party groups that received extra scrutiny from the I.R.S., an Associated Press-GfK poll released last month found that fewer than a fourth of Americans say they support the group. The Tea Party may well be passé.
The policy issue is a different story, as The Washington Post pointed out this week: “In 2010, the Supreme Court’s landmark ‘Citizens United’ decision cleared the way for corporations and labor unions to raise and spend unlimited sums of money, and register for tax-exempt status under section 501(c)(4).”
That decision was extremely unpopular. An ABC News/Washington Post poll released nearly a month after the decision was handed down found that 80 percent of Americans opposed it.
So an unpopular movement applied for tax-exempt status under conditions made possible by an unpopular court decision, in order to influence politics with unfathomable amounts money from unnamed donors? Good luck gaining sympathy for that.
ZEALOTRY The Congressional Tea Party Caucus founder, Michele Bachmann, who never misses a chance to say something asinine, suggested to the conservative site wnd.com that it was “reasonable” to worry that the I.R.S. might use Obamacare to kill conservatives.
The article reads, in part:
“Since the I.R.S. also is the chief enforcer of Obamacare requirements, she asked whether the I.R.S.’s admission means it ‘will deny or delay access to health care’ for conservatives. At this point, she said, that ‘is a reasonable question to ask.’ ”
“Reasonable” and “Bachmann” don’t even belong in the same conversation, let alone the same sentence, and yet she remains one of the most visible spokeswomen for the movement.
Even former House Speaker Newt Gingrich warned Republicans against overreaching. In an NPR interview that aired Friday, Gingrich, referring to the impeachment of President Clinton, said, “I think we overreached in ’98 — how’s that for a quote you can use?”
He continued, advising his party to be “calm and factual.” Ha! That’s too rich, and too late. Republicans are already invoking the I-word.
Republicans are their own worst enemies at times like these, unable to leave well-enough alone, and missing chances to honestly engage the public as they race off the cliff in the supercharged outrage machine.
By: Charles M. Blow, Op-Ed Columnist, The New York Times, May 17, 2013
“Not A Boon For Most Americans”: Congress Has Tackled The Deficit At The Cost Of The Economy
This morning, Eric Rosengren, chief executive of the Boston Federal Reserve, cautioned lawmakers against further fiscal retrenchment, lest they slow the recovery. As he said at the Global Interdependence Center’s Central Banking Conference in Italy: “Given the economic realities I would urge policymakers to consider scenarios where some elements of fiscal rebalancing take effect only after the economy has more fully improved.”
He’s right, in large part because Congress has already done a fair amount of deficit reduction. Beginning in 2011, with unemployment still high and the economy on a long, slow climb out of recession, Congress — led by a new Republican majority in the House of Representatives — moved to make big cuts in medium-term discretionary spending. It slashed $1 trillion with the Budget Control Act of 2011, and followed that with hundreds of billions more in spending cuts and tax increases with the fiscal cliff deal and sequester.
Now, as a result of this deficit reduction, the Congressional Budget Office projects a $642 billion budget deficit for fiscal year 2013, down $200 billion from its projection at the beginning of the year, and the lowest level of deficit spending since President Obama entered office. The near-term deficit projection also shows improvement; the CBO estimates a 2015 deficit of $378 billion. For Washington’s deficit hawks, this is cause for celebration. It’s a sign the federal government is on its way to a more sustainable debt load.
But this rapid deficit reduction is far less of a boon for most Americans, who have to live in an economy that’s been largely stalled by Congressional inaction. At 7.5 percent, unemployment is still too high, and there’s little sign of rapid improvement. According to most projections, joblessness won’t reach pre-recession levels for another three years.
Congress’ push for deficit reduction has a lot to do with this. As noted in the New York Times last week: “The nation’s unemployment rate would probably be nearly a point lower, roughly 6.5 percent, and economic growth almost two points higher this year if Washington had not cut spending and raised taxes as it has since 2011.”
To put that in more concrete terms, 1.5 million more Americans would have jobs if not for Washington’s decision to pursue deficit reduction in the midst of a sluggish economy.
Unfortunately, news of successful deficit reduction is unlikely to result in any respite from new cuts or tax increases. The Obama administration still has its Social Security cuts on the table — as part of a potential “grand bargain” — and Congressional Republicans are gearing up to demand still more spending cuts in exchange for raising the debt ceiling.
Will Washington avoid endangering the still-fragile recovery with further deficit reduction? If the refusal to end or replace the sequester is any indication, I wouldn’t hold my breath.
By: Jamelle Bouie, The American Prospect, May 16, 2013
“The Alienation Of Citizens”: Political Dysfunctions Spells Trouble For Democracies
We know American politics are dysfunctional. But after a week of scandal obsession during which the nation’s capital and the media virtually ignored the problems most voters care about — jobs, incomes, growth, opportunity, education — it’s worth asking if there is something especially flawed about our democracy.
Our circumstances certainly have their own particular disabilities: a radicalization of conservative politics, over-the-top mistrust of President Obama on the right, high-tech gerrymandering in the House and a Senate snarled by non-constitutional super-majority requirements.
Still, while it may not be much of a comfort, the democratic distemper is not a peculiarly American phenomenon. Across most of the democratic world, there is an impatience bordering on exhaustion with electoral systems and political classes.
Citizen dissatisfaction is hardly surprising in the wake of a deeply damaging economic downturn. That doesn’t make the challenge any less daunting. We should consider whether democracy itself is in danger of being discredited. Politicians might usefully disentangle themselves from their day-to-day power struggles long enough to take seriously their responsibility to a noble idea and the systems that undergird it.
It’s not hard to discover that this conundrum is global and not just our own. “Has democracy had its day?” is the headline on Columbia University historian Mark Mazower’s cover story in the May issue of Prospect, a British magazine. The subhead: “Electoral politics has had a bad decade.”
Earlier this month, the Transatlantic Academy, a global partnership of think tanks led by the German Marshall Fund of the United States, issued “The Democratic Disconnect,” a sober report by a group of distinguished academics.
“Democracy is in trouble,” the report begins. “The collective engagement of a concerned citizenry for the public good — the bedrock of a healthy democracy — is eroding. Democratic governments often seem crippled in their capacity to deliver what their people want and need. They are neither as responsive nor as accountable as they need to be in an era of hard choices and rising nondemocratic powers. There is widespread concern about apparent declining rates of voter participation and about the alienation or disaffection of citizens from the political process.”
In Europe, the authors noted, “there is fear that the distance between ordinary citizens and the politicians and bureaucrats in Brussels compromises democratic legitimacy.” In the United States, “lamentations about gridlock and polarization are the order of the day.” Even our peaceable neighbor Canada is not immune. “Canadians,” they write, “worry about the tendency of their political system to place largely unaccountable power in the hands of the prime minister.”
The report does include some useful suggestions for reviving the democratic spirit and improving democratic practice. But it is not alarmist to be uneasy about democracy’s prospects. Ernst Hillebrand, the head of international policy analysis for the Friedrich Ebert Foundation, the German Social Democratic Party’s think tank, describes a chilling finding in a 2009 survey by the German polling firm Forsa: “that zero percent — yes, zero percent — of workers in Germany believe they can have a significant impact on how policy in Germany is shaped via the ballot box.”
And bear in mind that a poll released last week by the Pew Global Attitudes Project found that Germans are far more satisfied with their country’s situation than are their European neighbors.
In a conversation last week during a visit to Washington, Hillebrand pointed to two streams of discontent the world’s democracies face. One is material. The other might be called spiritual.
On the one side, large numbers of lower-middle-class and working-class voters have seen their economic standing deteriorate over two or three decades. There has been a substantial transfer of wealth and income from labor — which is how most people pay their way — to capital. Productivity gains no longer lead to wage gains. This builds justified frustration.
At the same time, he said, many citizens, especially the young, have enhanced expectations for “participation, self-realization and control over their lives.” They do not see current electoral arrangements in democracies giving them much chance to achieve any of these goals.
Since World War II, bouts of economic growth have allowed democracies to buy their way out of trouble. One can hope this will happen again — and soon. In the meantime, politicians might contemplate their obligations to stewardship of the democratic ideal. They could begin by pondering what an unemployed 28-year-old makes of a ruling elite that expends so much energy feuding over how bureaucrats rewrote a set of talking points.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, May 19, 2013
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