espionage

NY Times reporter calls Obama administration the greatest enemy of press freedom in a generation

Recent reports from the Associated Press and Cause of Action have explained in great detail that President Barack Obama hasn’t come close to living up to promises of greater transparency, a result of the White House’s effort to control information requested by the press that could prove to be a political headache or embarrassing.

The administration’s obsession of controlling of information isn’t limited to what documents are released. It also extends to how the administration tries to control the press, as James Risen, a reporter for The New York Times, recently explained at a conference (emphasis added):

New York Times reporter James Risen, who is fighting an order that he testify in the trial of Jeffrey Sterling, a former CIA officer accused of leaking information to him, opened the conference earlier by saying the Obama administration is “the greatest enemy of press freedom that we have encountered in at least a generation.” The administration wants to “narrow the field of national security reporting,” Risen said, to “create a path for accepted reporting.” Anyone journalist who exceeds those parameters, Risen said, “will be punished.”

The administration’s aggressive prosecutions have created “a de facto Official Secrets Act,” Risen said, and the media has been “too timid” in responding.

Julian Assange and ex post facto

If the Justice Department can’t prosecute under current law - and there is plenty of reason to believe they won’t be able to try him for espionage, Congress may pass new legislation to prosecute Julian Assange, editor of WikiLeaks:

That Washington would like to take legal action against him and as quickly as possible can hardly be in doubt. But building a case solid enough to allow Eric Holder, the US Attorney General, to seek Assange’s extradition from Britain, if that is where he still is at the time, or – possibly more problematically – from Sweden, may not be easy. The most obvious first stop might be the 1917 Espionage Act. But when the US government tried to use it to punish The New York Times for publishing the Pentagon Papers in the 1970s, it failed.

It is for that reason that some US politicians are introducing draft legislation to expand existing US laws to make it easier for Mr Holder to do his job. The so-called Securing Human Intelligence and Enforcing Lawful Dissemination (Shield) Bill was thus introduced by Congressman Peter King, a Republican from New York who will become chairman of the House Intelligence Committee when the new House of Representatives with a Republican majority convenes in January. The Bill would make it illegal to publish the names of military or intelligence community informants.

I know member of Congress aren’t familiar with the Constitution, but they really should do themselves a favor and read Article I, Section 9, which states that “[n]o bill of attainder or ex post facto Law shall be passed.”


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