“Circling The Media Wagons”: Journalists Are No Different Than Other Citizens In The Eyes Of The Law
When will journalists take responsibility for what they do without circling the wagons and shouting that the First Amendment is under attack?
I’m talking about the case of Fox News correspondent James Rosen.
The case should be described as a State Department contract worker who signed a non-disclosure agreement, yet is alleged to have leaked Top Secret/Special Compartmented Information (TS/SCI) in violation of criminal law. He also is alleged to have lied to the FBI.
Search for a story analyzing damage to intelligence collection caused by the leak and what will emerge are stories about the threat to the First Amendment and journalists.
Some background: On June 11, 2009, Rosen published a scoop on Fox News’s Web site that disclosed how North Korean officials planned to hold another nuclear test in response to an expected U.N. Security Council resolution condemning Pyongyang for recent tests of nuclear and ballistic missiles.
It wasn’t the substance of the leaked info that most deeply concerned the intelligence community. Rather it was that Rosen’s story alerted the North Koreans that the United States had penetrated their leadership circle. A second concern was how quickly someone with access to TS/SCI information — a limited, top-level security classification applied primarily to electronically intercepted messages — had leaked it.
As Rosen noted in his article, the CIA had “only learned of North Korea’s plans this week” and from “sources inside North Korea.” In short, the story warned Pyongyang’s counterintelligence specialists that the United States had probably obtained conversations or messages of top-level North Korean officials by electronic intercepts or through agents.
The U.S. leak probe quickly focused on 96 individuals who, before Rosen’s story or on publication day, had access to the relevant intelligence report. Five of those with access to the North Korean report had had contact with Rosen in the weeks or days leading up to his story’s publication.
As of May 28, 2010, 11 months after the probe began, only Stephen Jin-Woo Kim, a senior intelligence adviser in the State Department’s Bureau of Verification, Compliance and Implementation, had “accessed the intelligence report and . . . had contact with the reporter [Rosen] on the date of publication of the June 2009 article,” according to an affidavit by FBI Special Agent Reginald B. Reyes.
The probe showed that the report had been called up on Kim’s computer three times earlier on the day Rosen’s story appeared. Investigators also found records showing that about the same time the classified report was on Kim’s computer screen, “two telephone calls were placed from his desk phone to the reporter,” meaning Rosen, according to the Reyes affidavit.
Using State Department security-badge records that show comings and goings at State’s main building, investigators realized that an hour after those phone calls Kim and Rosen left the building within a minute of each other. Thirty minutes later they returned within four minutes of each other. Several hours later, Rosen’s story appeared on Fox’s Web site.
Recent articles have implied that the government was physically following Rosen, but investigators had simply used federal records to track him.
Further investigation of Kim showed seven calls between his desk phone and Rosen’s phones on the day of the article, and about 29 others between May and July 2009. In a Sept. 24, 2009, FBI interview, Kim denied being Rosen’s source and having any contact with Rosen after meeting him in March 2009.
On Nov. 9, 2009, investigators got a warrant and searched Kim’s e-mail accounts. They found that he and Rosen had set up aliases and that Rosen sought intelligence about North Korea.
All reporters covering national security, including myself, recognize we regularly seek classified information. We also know that sources can be accused of breaking the law if caught passing highly classified information to those not cleared to receive it, such as journalists.
While getting my degree at Georgetown Law School and later when I was subpoenaed in the probe of the leak of the identity of CIA covert officer Valerie Plame Wilson, it became clear that reporters could be labeled co-conspirators, aiders and abettors or accessories in criminal leak cases.
To be so named in an application for a search warrant when the government wants to get a journalist’s or any citizen’s e-mails or phone records does not mean prosecution. A journalist, however, is not very different from other citizens in the eyes of the law when it comes to the government seeking records from a third-party provider such as Google or a phone company.
Applying labels such as co-conspirator provides a probable cause for the judge to grant the warrant, as in the Rosen case. If Rosen offered money or some other reward, it might be a different case. I believe the First Amendment covers the right to publish information, but it does not grant blanket immunity for how that information is gathered.
When First Amendment advocates say Rosen was “falsely” characterized as a co-conspirator, they do not understand the law. When others claim this investigation is “intimidating a growing number of government sources,” they don’t understand history.
The person or persons who told the Associated Press about the CIA operation that infiltrated al-Qaeda in the Arabian Peninsula, and Kim — or someone else — who informed Rosen about North Korea, were not whistleblowers exposing government misdeeds. They harmed national security and broke the law.
The White House Correspondents’ Association board issued a statement May 21 saying, “Reporters should never be threatened with prosecution for the simple act of doing their jobs.” But it admitted, “We do not know all of the facts in these cases.” The board added: “Our country was founded on the principle of freedom of the press and nothing is more sacred to our profession.”
I worry that many other journalists think that last phrase should be “nothing is more sacred than our profession.”
By: Walter Pincus, The Washington Post, May 27, 2013
“Fitful Fabrications: Watergate Amnesia, The ‘Nixonian’ Slur, And Other Big Lies
Let’s state this very simply, so everybody will understand. The notion that Barack Obama is “Nixonian” — or that his administration’s recent troubles bear any resemblance to “Watergate” — is the biggest media lie since the phony “Whitewater scandal” crested during the Clinton presidency.
Fraudulent as it is, we have listened repeatedly to versions of this bogus comparison uttered by figures as diverse as former Fox News commentator Dick Morris and Bob Woodward of the Washington Post, alongside a phalanx of Republican politicians, including Senator Lindsey Graham (R-SC) and Senate Majority Leader Mitch McConnell (R-KY) – whose latest attack ad directly links Obama with Nixon.
Only in a country afflicted with chronic historical amnesia could they issue such accusations without shame or embarrassment. Only under those circumstances could the Republicans continue their fitful fabrication of a “Democratic Watergate” without fear of being laughed off the stage. It is a project that they will never grow tired of pursuing.
Coming from figures such as former White House political boss Karl Rove and Fox News chief Roger Ailes — both of whom worked for Nixon and defended him with vigor — the hypocrisy is stunning. They can only say words like “Watergate” or “Nixonian” because most Americans have forgotten who they really are behind the respectable masks – or never knew.
The last time we heard Obama mentioned in the same breath as Watergate was in 2009, when Rep. Darrell Issa (R-CA) – the same Issa who has labored for months to pump air into the Benghazi “scandal” – decided that a job offered to a potential political candidate had erupted into a Constitutional crisis. Is it necessary to note that nothing of consequence ever emerged from Issa’s investigation back then? Yet somehow, he maintains credibility with the Washington media.
So does Graham, who slandered Susan Rice over the Benghazi talking points, which he deemed “worse than Watergate” – an assertion since proved entirely wrong, irresponsible, and vicious. Nevertheless Graham is treated as someone worthy of airtime and quotation, rather than a discredited blowhard.
But certain liberals in the media have fretted loudly over Obama’s “scandals,” too. Is it reasonable to compare the Benghazi incident, the vetting of abused tax exemptions by the IRS, or the Justice Department’s leak investigations with the Watergate crisis? Or is it all just trumped-up hysteria? To answer those questions, it helps to remember what Nixon and his gang actually did to America – and why they were driven out of Washington and, in many cases, sent to prison.
In these circumstances, a quick history lesson seems vital. For those who have forgottten or don’t know, Watergate is the name of an apartment complex near the Potomac River in northwest Washington, D.C., where then-President Nixon’s henchmen staged a “third-rate burglary” of the Democratic National Committee headquarters on a June night in 1972.
But Watergate came to stand for a vast agglomeration of gangster conspiracies based in the Nixon White House but spanning the nation. Watergate was a series of burglaries, warrantless domestic wiretaps, illegal spying, campaign dirty tricks, election tampering, money laundering, and assorted thuggish schemes conceived by a large and lawless gang whose leaders included G. Gordon Liddy and the late E. Howard Hunt.
And Watergate grew into a cover-up of those initial felonies with still more felonies, committed by lawyers and bureaucrats who collected cash payoffs from major corporations and then handed out hush money and secret campaign slush funds.
Eventually, Watergate implicated scores of perpetrators, from the right-wing Cuban footsoldiers all the way up to the president, his closest advisors, and his crooked stooges at the highest levels of the Justice Department, the FBI, and the CIA.
Again then, in what sense is the Benghazi tragedy – thoroughly investigated by an independent board, as provided by law – akin to Watergate? How is the IRS effort to vet the tax exemptions of Tea Party groups, which were violating their status brazenly, similar to Nixon’s criminal abuse of the agency to punish his enemies with audits? What makes the Justice Department probe of national security leaks, conducted with valid subpoenas, resemble the secret Nixon White House war against “enemies” in the press, which went so far as trumped-up FCC license challenges and even threats of violence against the Washington Post?
The answers are fairly obvious: None. Not at all. Nothing whatsoever.
And so far as we know, Attorney General Eric Holder hasn’t rung up any Fox News reporter drunkenly at midnight to warn that Roger Ailes is “going to get his tit caught in a big, fat wringer.” But if and when that ever happens, the chance to roll out the Watergate clichés will arrive at last — starting with “Nixonian.”
By: Joe Conason, The National Memo, May 30, 2013
“Credibility Gap”: Study Finds Republicans Lie More Than Democrats
According to a new study from the nonpartisan Center for Media and Public Affairs at George Mason University, Republicans are significantly more likely to lie than Democrats — and the gap is widening as President Barack Obama spends more time in office.
The study examined how Pulitzer Prize-winning fact-check site PolitiFact.com rated 100 statements involving factual claims from the first four months of President Obama’s second term — 46 of the claims were made by Democrats, and 54 were made by Republicans.
CMPA found that PolitiFact rated 32 percent of the Republican claims as “false” or “pants on fire,” compared to just 11 percent of the Democratic claims. Along the same lines, PolitiFact rated just 11 percent of the Republican statements as “entirely true,” compared to 22 percent of the Democratic statements.
Just 18 percent of the Republican claims were rated as “mostly” or entirely true, compared to 54 percent of the Democratic claims. Conversely, 52 percent of the Republican statements were rated as mostly or entirely false, while just 24 percent of Democratic statements received the same designation.
In other words, as CMPA President Dr. Robert Lichter put it: “While Republicans see a credibility gap in the Obama administration, PolitiFact rates Republicans as the less credible party.”
Notably, the credibility gap seems to be growing with time. In May, as Republicans have obsessively tried to tie the president to a series of scandals, their percentage of false claims has risen to 60 percent.
PolitiFact editor Bill Adair responded to the study in an email to Politico’s Dylan Byers:
PolitiFact rates the factual accuracy of specific claims; we do not seek to measure which party tells more falsehoods.
The authors of this press release seem to have counted up a small number of our Truth-O-Meter ratings over a few months, and then drew their own conclusions.
We’ve rated more than 7,000 statements since we started in 2007. We are journalists, not social scientists. We select statements to fact-check based on our news judgment — whether a statement is timely, provocative, whether it’s been repeated and whether readers would wonder if it is true.
You can read the full results of the CMPA study here.
By: Henry Decker, The National Memo, May 29, 2013
“The GOP’s Pitiful Reformers”: Those Who Falsely Deny The GOP Is Off Its Rocker Are Lying To Themselves And Their Readers
Over the weekend, Bob Dole delivered the opinion that he couldn’t make it in today’s Republican Party. And not just him: “Reagan couldn’t have made it. Certainly Nixon couldn’t have made it, ’cuz he had ideas. We might have made it, but I doubt it.” His words put me in mind, as a disturbing number of things do these days, of the so-called conservative reformers, the half-dozen or so male pundit-intellectuals on the right who have, through some clever prestidigitation that I have yet to comprehend, come to be known as reformers. They are very smart fellows, and they can be interesting to read. But they are “reforming” the Republican Party in about the sense that Whitney Houston’s hairdresser was helping her by giving her a great coif. Houston’s problem in life wasn’t her hair, and what’s wrong with today’s GOP—what Dole was talking about—isn’t going to be fixed by figuring out exactly what kind of “base-broadening” the tax code needs.
The men often named in this group include David Brooks, Ross Douthat, Ramesh Ponnuru, Yuval Levin, Reihan Salam, Avik Roy, and a few others. Josh Barro is sometimes included, as are David Frum and Bruce Bartlett. But these are errors: Frum and Bartlett have been so outspoken—courageously so, I note—in their contempt for today’s GOP that they have sort of taken themselves off the roster. Barro, a young Bloomberg View columnist, is (it seems to me) more than halfway down the Frum-Bartlett path.
There has been lots of interesting writing on my side of the fence about these men lately. Ryan Cooper wrote a big Washington Monthly piece with short bios of all of them and a rating system assessing their zeal for reform and access to power. Jon Chait profiled Barro in The Atlantic. Policy analyst Mike Konczal assessed whether their policy proposals really constitute something new that isn’t being said by elected officials within the party. Paul Krugman has weighed in as well.
The general verdict among these writers is that there isn’t much there there. Konczal takes them seriously as policy analysts but concludes that much of what they say “is actually a defense and potential extension of already-existing policies against people further to the right” and is ultimately “more gestural than substantive.” If you read through Cooper’s rating system, you will be struck by the consistency with which those he deems most committed to reform are the ones with the lowest juice quotient, while the one with the lowest reform rating—Levin, who just won some big quarter-million-dollar right-wing prize of some kind (wish we had those!)—has a perfect-10 insider score.
Just yesterday, Avik Roy responded to these and other articles by lamenting that we liberals just don’t understand what Al Haig might have called the “nuance-al” genius of the new breed. It seems liberal critics have missed the “important philosophical difference between the liberty- and opportunity-oriented conservatives.” Further, these con-reformers believe in equality of opportunity, not of outcomes, and therefore liberals (who support the latter, you see) couldn’t possibly grasp the depth of their insights.
Here’s what Roy says he wants: to “orient the GOP agenda around opportunity for those who least have it, to offer these individuals a superior alternative to failed statist policies.” Please. You get a lot of this from Republicans. Paul Ryan says things like this all the time. Rick Santorum did. Even Mitt Romney did, though to a lesser extent. But it’s all nonsense because they have invented a straw-man version of liberalism in their heads that isn’t anything like the liberalism that actually exists.
A few years ago, Santorum published his book It Takes a Family, his response to Hillary Clinton’s It Takes a Village. He said the book was about poverty. As Mark Schmitt noted in a merciless review in The American Prospect, Santorum kept announcing that he was advancing brave new proposals that the “village elders” (the liberal establishment) would never countenance. The only problem was that every one of Santorum’s brave new ideas—helping poor families build wealth—were old liberal ideas. Asset-building as an idea has existed since about 1990, and it wasn’t conservatives who invented it.
The journal I edit (also not conservative!) just published a big symposium on asset-building. We did that in conjunction with a group called the Corporation for Enterprise Development, which has been working on the issue for 20 years. They’re a nonpartisan group, so they are not political with a big P, but let’s just say I don’t think there are many Atlas Shrugged readers roaming CFED’s halls. Put more simply, it’s liberals who have led the way on asset-building for years, in the academy and on Capitol Hill. But Santorum has, and all conservatives have, a liberal demon in their heads who wants poor people to remain dependent on big-daddy government. It’s a lie, and a really lame and stupid one.
And let’s say an asset-building-related piece of legislation—there are several, and they’re just sitting there—became the subject of attention and controversy. Who would be for it, and who would be against it? We know very well who. At the first syllable Obama uttered in its favor, the Republicans practically to a person would oppose it. And now, finally, we get to the real problem with the GOP, a problem these people all just ignore, and why the opening analogy to Whitney’s stylist is apt.
The big problem with today’s Republican Party isn’t its policies. Certainly, those policies are extreme and would be deeply injurious to middle-class and poorer Americans should they be enacted. But Bob Dole wasn’t thinking, I don’t believe, just of policies. He was talking about the whole package—the intolerance, the proud stupidity, the paranoia, the resentments, the rage. These are intertwined with policy of course—indeed they often drive policy. But they are the party’s real problem. And where these “reformers” fail is that they never, ever, ever (that I have seen) criticize it with any punch at all.
Hey, Avik! Would you like to know why 90 percent of black people aren’t listening to your message? Because you don’t want them to vote! Not you personally (at least I assume), but your party. I know that you think black people are victims of false consciousness (how Marxist of you!), but do you also think they are stupid? If you and your wonderful Arthur Brooks want to develop a program to attract black voters, you might start by trying to change your party’s position on the question of attempting to pervert the law to deny them their franchise.
But they’ll never do that. And these people never call out the crazies. I’m sure that Louie Gohmert and Steve King probably embarrass them. Or maybe they don’t; Ponnuru recently penned a pretty sprightly defense of Ted Cruz. This is actually an interesting question, and I suppose the answer varies from person to person. But either way the result isn’t flattering. Those who falsely deny that the current GOP is off its rocker are lying to themselves and their readers, while those who genuinely don’t think it is are by definition out to lunch themselves. And the bottom line is that if they don’t say anything about all this, then they’re simply not reforming the Republican Party in any sense that is worth taking remotely seriously.
By: Michael Tomasky, The Daily Beast, May 28, 2013
“Sorry, Republicans, Nobody’s Getting Impeached”: GOP Can’t Resist Elaborately Feigned Theater That Blows Up In Their Face
Return with us now to those thrilling days of yesteryear, when every jackleg news organization in Washington — that is, virtually all of them — was feeding out of Kenneth Starr’s soft little hand like a Shetland pony.
Having recently left the country for a few weeks of media deprivation therapy, I returned to find excited pundits comparing President Obama to Richard M. Nixon on the basis of three transparently bogus White House “scandals” that make Starr’s fabled “Whitewater” investigation look like the crime of the century.
Once again, the word “impeachment” is in the air, as excited GOP congressmen dream of driving a Democratic president from office. Once again, the nation appears to be headed for a fun-filled summer of televised hearings, elaborately feigned indignation, and predictions of dramatic revelations that either never materialize or blow up in their sponsor’s faces.
With luck we might even see something as funny as the day in 1995 when a partisan S&L regulator who’d planned to market Hillary Clinton-themed “Presidential BITCH” t-shirts from her government office fainted dead away under cross-examination. The witness had to be carried from a Senate hearing room, never to be heard from again.
Deeply committed to Whitewater humbug, the New York Times, Washington Post and TV networks contrived not to notice.
The good news is that couldn’t happen again. Today, the ill-fated L. Jean Lewis’s swoon would be all over YouTube, Facebook and Twitter. Sure, she’d get her own Fox News talk show, but rationally consequent citizens wouldn’t have to watch. The Internet has lessened the ability of scandal entrepreneurs in the Washington media to control the flow of information to the rabble.
Sure, the Internet empowers crackpots. But it also enables in-house bloggers like Paul Krugman and Ezra Klein to bring facts and arguments into the online pages of the high-dollar press that could be censored out of the “mainstream” as recently as the Clinton administration.
So nobody’s getting impeached on this tripartite nonsense, OK?
Anyway, let’s take them one at a time:
One: Regarding IRS “targeting” of right-wingers, I’m planning to rename my little one-man cattle operation “Tea Party Patriot Farm.” With that on my Schedule C, the IRS won’t dare to audit my tax returns. I’ll be free to deduct not only feed bills and veterinary expenses, but pizzas, movie tickets, six-packs, whatever. My recent train ride across France? Studying French cattle husbandry techniques at 180 mph.
But see that’s the thing. Contrary to a thousand indignant screeds and editorial cartoons, no aggrieved Tea Partiers got audited, fined, or jailed. Instead, they saw their applications to turn their political hobbies into tax-free scams — oops, charities — delayed for a few months, on the quite reasonable assumption (from an IRS functionary’s point of view) that an organization named for a political party might actually be one. Boo hoo hoo.
The IRS was politically idiotic, no doubt. But until somebody tracks this to the White House, it’s a big nothingburger.
Meanwhile, my man Charles Pierce quotes the Nixon White House tapes to remind us how a real crook uses the IRS: “Now here’s the point, Bob: please get me the names of the Jews, you know, the big Jewish contributors of the Democrats,” Nixon said. “Could we please investigate some of the [unprintables]?”
Two: Then there’s The Great Benghazi Cover-Up. As this column pointed out last December, it’s largely a matter of selective quotation. Nobody at the CIA or State Department who had a hand in preparing Susan Rice’s “talking points” on the Sunday shows knew with any certainty who organized the attack.
And it’s worthwhile pointing out that they still don’t know.
However, if “extremist elements with heavy weapons” doesn’t say “terrorist” to you, Rice got more specific on CBS’s Face the Nation: “Whether they were al Qaeda affiliates, whether they were Libyan-based extremists or al Qaeda itself,” she said, “…is one of the things we’ll have to determine.”
In the interest of keeping this phony scandal alive, everybody’s pretended for months that Rice never said that. Meanwhile, CBS News’ Major Garrett has reported that partial CIA emails leaked to him by Republican sources turned out — after the originals were released — to have been doctored to cast suspicion upon the State Department and Hillary Clinton. He didn’t identify the leakers.
But when people resort to faking documents it’s a good clue that no real evidence of wrongdoing exists. The end.
Three: As for the Associated Press flap, the Los Angeles Times reports that its “disclosure of a counter-terrorism operation in Yemen last year compromised…an informant who had earned the trust of hardened terrorists.”
If true, that’s perilously close to treason. In which case the Justice Department had every reason to subpoena AP phone records after other means of finding the leaker’s identity failed. Sorry, but journalists have no rights that trump those of ordinary citizens in a serious criminal investigation.
By: Gene Lyons, The National Memo, May 22, 2013
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