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Former Attorney General Warns Against Media Shield Law

Michael Mukasey, who served as attorney general under former President George W. Bush, is arguing against a bill pending in the U.S. Senate that would allow reporters to protect their confidential sources in most instances, The Wall Street Journal reports. Mukasey argues the bill is '"fraught with near-meaningless amibiguity'" on who would be covered journalists and that the bill would give judges too much power to decide "whether the disclosure of the information would be contrary to the public interest and thus not protected," The Journal also reports.

Obama 'Most Aggressive' Since Nixon in War on Leaks

Submitted by Amaris Elliott-Engel on Fri, 10/11/2013 - 07:58

President Barack Obama’s “war on leaks and other efforts to control information are the most aggressive” since President Richard Nixon’s administration, according to the author of a report commissioned by the Committee to Protect Journalists. The report, “The Obama Administration and the Press: Leak investigations and surveillance in post-9/11 America,” was released Thursday.

The report was written by Leonard Downie Jr., who was an editor involved in The Washington Post’s investigation of Watergate, along with reporting by Sara Rafsky.

The committee is usually focused on the state of the media in other countries, and this report is its first comprehensive report on relations between the American executive branch and the media.

Six government employees and two contractors have been prosecuted under the 1917 Espionage Act for allegedly leaking classified information to the press during the Obama administration, while there were only three prosecutions under all other presidents, the report said.

Following Wikileaks' disclosure of classified information, the Obama White House established an Insider Threat Task Force to develop a government-wide program for “’insider threat detection and prevention to improve protection and reduce potential vulnerabilities of classified information from exploitation, compromise or other unauthorized disclosure,’” Downey wrote.

As a result, every federal department and agency was told to set up Insider Threat Programs to prevent government workers from disclosing information without authorization.

Reporters also shared that their Freedom of Information Act requests face “denials, delays, unresponsiveness or demands for exorbitant fees, with cooperation or obstruction varying widely from agency to agency,” Downey said.

During a press conference on the report Thursday morning, Downey said that government employees are increasingly afraid to talk to the press and not just about classified information. Downey also said that Obama’s promise to be the most transparent presidency in American history has meant avoiding the institutional press in favor of a “sophisticated governmental public relations strategy” focused on social-media messaging and creating its own web-site content.

For example, photographers are allowed much less access to the president than in the past, and most photographs of Obama are from the White House institutional photographer, Downey said.

“None of these measures is anything like the government controls, censorship, repression, physical danger, and even death that journalists and their sources face daily in many countries throughout the world—from Asia, the Middle East and Africa to Russia, parts of Europe and Latin American, and including nations that have offered asylum from U.S. prosecution to [leaker Edward] Snowden,” Downie wrote in he report. “But the United States, with its unique constitutional guarantees of free speech and a free press—essential to its tradition of government accountability—is not any other country.”

Jack Goldsmith, a former lawyer for President Bush’s administration told Downey that leakers have to be prepared to face legal consequences, but that leaks ‘“serve a really important role in helping to correct government malfeasance, to encourage government to be careful about what it does in secret and to preserve democratic processes.’”

Gaps In Media Shield Law Legislation Worry Not Just Opponents

U.S. News and World Report recounted last week that even supporters of passing legislation that would allow journalists to keep their confidential sources shielded admit that the legislation would not address the situation in which the U.S. Department of Justice seized without notice two months of Associated Press phone records. Just today, several outlets are reporting that a former FBI agent was identified in those phone logs and has now agreed to plead guilty to leaking news of a failed 2012 "underwear bomb" plot by al Qaeda, the Wall Street Journal reports: http://online.wsj.com/article/SB1000142405270230375960457909362328002599...

Another concern raised about the bill as currently drafted is that it would not provide protection to citizen bloggers. Moreover, an amendment backed by Sen. Dianne Feinstein, D-Calif., "intentionally excises WikiLeaks publisher Julian Assange from supposed legal protections for journalists," according to U.S. News.

One of the legislative opponents to the bill, Sen. Mike Lee, R-Utah, told U.S. News in an email: "The extension of the bill's protections to a so-called 'citizen blogger,' a journalist who is not employed by traditional media outlets, is entirely subject to the judge's willingness to exercise discretion, after finding that doing so would be (a) in the interest of justice and (b) necessary to protect lawful and legitimate news-gathering activities. Thus, while for some the privilege is automatic and known in advance, those outside the favored status may only hope that a reviewing federal judge deems them sufficiently worthy of protection."

Editorial: Federal Journalist Shield Law Needed

While acknowledging the criticism that the federal shield bill would not on its face protect citizen-journalists, this Washington Post editorial argues that there is an adequate release valve because the bill "would also empower judges to extend its protections to anyone if they determine that doing so would be 'in the interest of justice and necessary to protect lawful and legitimate news-gathering activities."'

Illinois Reporter Faces Jail Times Unless Source Is Revealed

The Chicago Sun-Times has this report: "A Will County judge on Friday found a Joliet crime reporter in contempt of court for not divulging how he obtained confidential police reports about a notorious double murder earlier this year. Will County Circuit Court Judge Gerald Kinney on Friday found patch.com reporter Joseph Hosey in contempt of court and gave him 180 days to disclose his source. Hosey faces jail time if he does not reveal who gave him the reports, Kinney said."

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