“Reporters Aren’t Above The Law”: The Media Shouldn’t Have Freer Speech Or Special Immunities From Investigation
Secret government investigations into speech protected by the First Amendment should alarm all of us. But we all have the same First Amendment rights; reporters don’t have freer speech. And giving reporters a special privilege to withhold evidence too often leads to lazy reporting in which nameless “official sources” get to make false accusations against innocent people without any accountability for either the government or the press. Instead of lobbying for a special privilege, reporters should consistently fight for more liberty for all Americans, including greater freedom of speech and greater freedom from unreasonable searches and seizures.
The Associated Press is understandably outraged that the government used secret subpoenas to get phone records that might reveal who leaked classified information to the news wire. But the real problem is not that the government is investigating the AP; it is that the government is investigating speech about government operations. That would be just as troubling if the targets were non-journalists.
The government claims the AP’s reporting contained classified information, but that’s hard to avoid when so much of what the government does is classified. The temptation to overclassify and underdisclose must be very powerful; each administration promises greater transparency, yet each turns out to be worse than the last. That frustrates the control we’re supposed to have over our government.
Media companies think the answer is to give their employees special immunities from investigation. But reporters aren’t always right, either. Sometimes they team up with government leakers to wreck the lives of innocent men and women whom the leakers want to disparage publicly, like Steven Hatfill, Wen Ho Lee or Richard Jewell. When that happens, the victims have rights too. Reporters (like everyone else) have a duty to provide the evidence necessary to do justice. No one should be above the law.
A better answer is to tighten the rules for when government can act in secret and provide more protections for whistleblowers. That gives us the benefit of more public discourse about public policy without giving the press a license to smear.
Our government does too many things in the dark, and the press is often at its best when it shines a light on previously unknown programs or policies that we ought to debate publicly. We need laws that help the press shine a light on government actions, not laws that permit reporters to join government officials in the shadows.
By: Mark Grannis, Debate Club, U. S. News and World Report, May 16, 2013
“All Talk And No Stick”: CNN Blows Huge Hole In GOP Efforts To Prosecute Benghazi Scandal
CNN’s Jake Tapper has managed to get his hands on the critical White House email suggested as the proof that the White House was more interested in removing references to possible terrorist attacks in the now infamous Benghazi talking points then they were in telling the truth to the American public.
The actual email, written in the days following the Benghazi attack, reveals something else entirely. We now know that whoever leaked the contents of the email to various media outlets last week seriously misquoted the document, choosing to paraphrase the content in a way that made it appear that the White House was focused on protecting the State Department’s back and covering up information.
Recall that ABC News fueled the GOP cries of a White House cover-up when suggesting that the twelve drafts of the talking points were done with White House participation as part of an effort by the Obama Administration to back up State Department requests that references to terrorist groups be omitted from the talking points.
Here is the relevant portion of the ABC story:
“In an email dated 9/14/12 at 9:34 p.m. -three days after the attack and two days before Ambassador Rice appeared on the Sunday shows – Deputy National Security Advisor Ben Rhodes wrote an email saying the State Department’s concerns needed to be addressed. (ABC then quotes the email as saying…)“We must make sure that the talking points reflect all agency equities, including those of the State Department, and we don’t want to undermine the FBI investigation. We thus will work through the talking points tomorrow morning at the Deputies Committee meeting.”
The thing is, it turns out that the actual email tells a very different tale.
Here is the actual content of the email, as written by deputy National Security Advisor for Strategic Communications Ben Rhodes—
“All –
Sorry to be late to this discussion. We need to resolve this in a way that respects all of the relevant equities, particularly the investigation.
“There is a ton of wrong information getting out into the public domain from Congress and people who are not particularly informed. Insofar as we have firmed up assessments that don’t compromise intel or the investigation, we need to have the capability to correct the record, as there are significant policy and messaging ramifications that would flow from a hardened mis-impression.
“We can take this up tomorrow morning at deputies.”
You can read the actual email here.
Obviously, the email reveals absolutely no effort on the part of the administration to whitewash the message regarding the possible involvement of organized terrorist groups. The email further does not, in any way, seek to support any efforts by the State Department—or anyone else—in terms of favoring one set of message points over another, including any suggestions of removing references to known terrorist groups in the region.
What the email does do is highlight the importance of countering the misinformation that had been circulating and getting all involved on the same page when it comes to sharing what was known to be accurate information.
Does anyone have a problem with that?
Or, should I say, does anyone other than Congressman Darrell Issa, Speaker John Boehner and all of those who wish to manufacture a scandal in the effort to harm this White House have a problem with that?
As Jake Tapper notes it in his article, “Whoever provided those quotes and paraphrases did so inaccurately, seemingly inventing the notion that Rhodes wanted the concerns of the State Department specifically addressed. Rhodes put no emphasis at all in his email on the State Department’s concerns.”
Greg Sargent follows up on this in his piece in the Washington Post—confirming what I noted yesterday with regard to this entire affair looking more and more like a conflict between the State Department and the CIA—
“It’s increasingly clear that this was merely a bureaucratic turf war at work, in which State wanted to get rid of the CIA’s efforts to insert into the talking points stuff that preempts blame against the agency. This new revelation from Tapper takes this even further — it suggests the administration didn’t even prioritize State’s demands and was simply looking to get agencies on the same page to prevent the spreading of misinformation.”
Clearly, someone is funneling false information to certain media outlets that are all too anxious to produce the kind of ‘scoops’ that get headlines—even if these scoops are far from accurate.
Equally clear is that Congressman Issa has built much of his case on a mountain of misinformation and poorly crafted speculation, all designed to serve the political and personal agenda that Issa has been itching to fulfill ever since ascending to the Chairmanship of the House Oversight Committee.
Darrell Issa wants very badly for you to know his name. If ginning up a false scandal is what it takes, that certainly works for the California congressman as he has tried to do it before only to see his efforts crumble beneath that very same mountain of misinformation and false speculation.
Unfortunately for Issa—and his many friends who have gone on record suggesting that Benghazi will lead to an Obama impeachment— with every bit of actual data that emerges, one thing is becoming clear—
Those politicos and pundits more interested in bringing down a president than they are in protecting those serving our country around the world from suffering a Benghazi repeat are being exposed for exactly what they will inevitably be found out to be….
All talk and no stick.
By: Rick Ungar, Op-Ed Contributor, Forbes, May 14, 2013
“It’s Official, The Tea Party Is Back”: Once Again, Fantasies Of A Pragmatic GOP Prove Illusory
Say what you will about Politico, but aside from the many bits of useful phenomenological data its vast minions gather each day, it serves as a sort of public utility in instantly and thoroughly expressing the shifting perspectives of the MSM. Today, having misinterpreted and buried the Tea Party Movement a thousand times, Politico (in this piece by Tarini Parti) now takes judicial notice of its return on Capitol Hill:
The Tea Party Caucus is back in action with a new strategy and a growing membership.
Roughly 20 House Republicans attended a closed-door meeting Thursday evening in the Rayburn House Office Building, along with staffers from nearly 40 congressional offices, including those of Senate Minority Leader Mitch McConnell and fellow Kentucky Republican Sen. Rand Paul.
It comes as conservatives continue to flex their muscle, making life difficult for GOP leaders in the House on issues like Obamacare, and as the debate on immigration legislation heats up.
Conservative mainstays such as Reps. Paul Broun (R-Ga.), Louie Gohmert (R-Texas), Tom Price (R-Ga.), Trent Franks (R-Ariz.) and Steve King (R-Iowa) were among those at the meeting. A source said the entire GOP House delegation from South Carolina was there as well.
Mike Shields, chief of staff to Republican National Committee Chairman Reince Priebus, spoke at the meeting – an indication that the GOP establishment is making an effort to work with the tea party lawmakers.
Also in attendance: Conservative radio talk show host Rusty Humphries and representatives from organizations including the Tea Party Express and U.S. Chamber of Commerce. TheTeaParty.net organized the meeting, which was closed to press.
The possibility that high attendance at the caucus meeting might reflect a continuing presence rather than a sudden resurgence was indirectly addressed by this quote from Louie Gohmert:
“I thought it was the energy we had when we first started things,” Gohmert told POLITICO after the meeting. “The Tea Party beliefs and movement never really went away. It was just that the caucus wasn’t really having meetings.”
True dat. You could make the case, in fact, that the relative quiescence of the Tea Party Caucus was attributable to its consolidation of power within the Republican “Establishment.” Now that strategic disagreements within the congressional GOP are re-emerging, it’s time to get loud and proud again. But the whole phenomenon shows how shallow all the talk about the GOP “rebranding” and “adjusting to new circumstances” really was–much less the fatuous chatter about “bipartisan breezes wafting through Congress.”
It’s entirely possible, not soon but in the foreseeable future, that the Republican Party and even the conservative movement can genuinely move beyond the “Spirit of 2010” and begin to act like a political party rather than a wrecking crew. But anyone who has paid genuine attention to the Tea Party Movement must understand that these are people who violently oppose the idea of “moving on” or “adjusting to circumstances.” The whole point of “constitutional conservatism” is the belief in an eternal, perhaps even divinely ordained, governing model that never, ever, goes out of season. Maybe they’ll lose influence in the GOP and the country as a whole, but they aren’t going away or changing. Their periodic rediscovery by the MSM when once again fantasies of a “pragmatic” GOP prove illusory is one of the maddening but abiding aspects of contemporary political journalism.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, April 26, 2013
“Red Carpet For Ugly People”: White House Correspondents Dinner Has Nothing To Do With Journalism
Reading Peggy Noonan got me into a bad mood, and it was just terrible luck that the next cookie on the plate was this earnest Politico piece by Patrick Gavin on the anniversary of the “controversy” over the annual White House Correspondents Dinner. It seems Tom Brokaw has again broken the silence by expressing the quiet angst of the Beltway press corps at the pollution of this hallowed event by Hollywood celebrities:
Tom Brokaw blames it all on Lindsay Lohan.
Last year, Brokaw became one of the biggest critics of the annual White House Correspondents’ Dinner after he saw Washington buzzing around and about the troubled Hollywood actress, who was a guest of Fox News’s Greta Van Susteren.
“The breaking point for me was Lindsay Lohan,” Brokaw told POLITICO during a recent interview in his office in the NBC News Rockefeller Plaza headquarters in New York. “She became a big star at the White House Correspondents’ Dinner. Give me a break.”
Reading the whole article, it’s unclear to me whether Brokaw is primarily concerned about gate-crashing by Hollywood types, or understands that the whole idiotic phenomenon of journalists dressing up like celebrities to schmooze with the rich and powerful people they are supposed to be writing critically about is itself a tad bit sick-making:
“They [the Great Unwashed] were making their own decisions in their own states, in their own communities, and the congressional ratings were plummeting,” he added. “The press corps wasn’t doing very well, either. And I thought, ‘This is one of the issues that we have to address. What kind of image do we present to the rest of the country? Are we doing their business, or are we just a group of narcissists who are mostly interested in elevating our own profiles?’ And what comes through the screen on C-SPAN that night is the latter, and not the former.”
That is exactly right, but it has nothing to do with the admixture of entertainment industry figures in the proceedings. All the borrowed Hollywood glitter does is to make it clearer than ever that if politics is “show business for ugly people,” as the old saying goes, then the White House Correspondents’ Dinner is their red carpet event. Let the stars of E! take over the whole damn thing, and stop pretending it has anything to do with journalism.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, April 26, 2013
“The Trouble With News Scoops”: If You’re Obsessed With Getting It First, You End Up Not Getting It Right
It seems that every time there’s a dramatic breaking story like yesterday’s bombing in Boston, media organizations end up passing on unconfirmed information that turns out to be false. This happens, of course, because in a chaotic situation where many people are involved in some way and the causes and results of some event are not initially clear, it can be hard to separate actual facts from what somebody thought or heard or believed. News organizations trying to cover it have an incredibly difficult job to do, and we should acknowledge the ones who do it well, even heroically, in the face of those challenges. For instance, The Boston Globe will deserve all the accolades and awards they get for their coverage of this event. And yet, the news media seem to get so much wrong when something like this happens. Why?
I’d argue that the reason is that in the frenzy of this kind of happening, they fail to realize something important: Scoops are beside the point. When Americans are looking to learn about and understand this kind of horrible event, they don’t care whether you got a scoop. They want to understand what happened. I don’t think the news organizations, particularly the TV networks, understand this at all.
Let’s take an example. The New York Post insisted for most of yesterday that 12 people had died in the explosions, for no apparent reason (they’re not claiming it anymore, but today their web site prominently features Mark Wahlberg’s reaction to the bombings, so they’ve still got the story covered). I don’t know what reporter came up with that information, but the fact that they disseminated it despite being wrong shows how useless the search for “scoops” becomes at a time like this. There were lots of other pieces of information circulating that turned out to be untrue (like the story repeated everywhere that the police had found more unexploded devices) as well.
There are two kinds of scoops, the real and the ephemeral. A real scoop is a story that would not have come to light, either at all or at least for a considerable amount of time, had it not been for your reporting. When a reporter exposes corruption, or details the unforeseen consequences of official policy, or even just offers a compelling portrait of people whose story wouldn’t have otherwise been told, she has gotten a genuine scoop. Then there’s the far more common kind, what many in the media consider a scoop but is no scoop at all. That’s when you discover and publish some piece of information that everyone is going to learn very soon, but you happen to be the one who got it out ten minutes or ten seconds before your competitors.
Media organizations, particularly television news operations, are obsessed with this second kind of scoop, despite the fact that not only does it offer nothing of value to their audience, it doesn’t even give them any advantage in the hyper-competitive arena in which they operate. Nobody ever said, “I used to watch MSNBC, but then I heard that CNN went on the air with the verdict in the Casey Anthony trial a full 30 seconds before any other network, so I’m watching CNN from now on.” When everybody is going to have a piece of news in seconds, getting it first doesn’t help you at all. Nobody remembers and nobody cares, nor should they.
But if you’re obsessed with getting it first, you end up not getting it right. That goes beyond reporting things that are false (which happens often enough) to offering second-rate coverage because your reporters are running around trying to find out something, anything, that none of their competitors know, instead of trying to assemble a complete and informative picture for the audience.
When something like the Boston bombing happens, the chaos pushes journalists toward those we-got-it-first scoops, when in fact there’s no time when those scoops are less important. Almost all the big critical facts are going to end up being given to journalists by the authorities, whether it’s about the casualties or the nature of the devices used or the suspects, once they have them. No reporter is going to catch the bomber before the FBI does. Given that, they’d do much better to slow down and worry less about what piece of information they can get a minute or two before their competitors do than about how they can give their audiences something closer to true understanding.
By: Paul Waldman, Contributing Editor, The American Prospect, April, 16, 2013
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