May 23 2006
Plugging Leaks, Fitzgerald-style
Jack Kelley has a great piece out today at RCP which discusses how this summer it will be the investigation of rogue personnel in the US government who have leaked critical information to our enemies through our press that provides the spectacle and the splash:
After all the cheerleading journalists have done for Mr. Fitzgerald, it would be ironic if he were remembered most for handing prosecutors the weapon they used against journalists to shut down the leaks on which journalists depend.
Ironic indeed. Fitsgerald seems uniquely qualified in the art of screwing up backwards. But the meat of the article, to me, is this:
The Bush administration disagrees. Investigations into the NSA and “secret prisons” leaks are nearing completion. A senior CIA official has been fired for leaking, and, reportedly, is singing like a canary to avoid prosecution. The FBI knows who’s been talking to journalists, ABC’s Brian Ross said a source told him.
Journalists can be prosecuted for publishing classified information, Attorney General Alberto Gonzalez said on ABC’s “This Week” program Sunday.
I doubt journalists will be charged under the Espionage Act, but I do expect vigorous application of the precedent Mr. Fitzgerald set when he jailed Ms. Miller. Reporters who have published or broadcast classified information can expect subpoenas, and can expect to cool their heels in the pokey until they disclose who leaked to them.
The media is going to have a very humbling experience this summer. For decades they used their monopoly of the communications infrastructure to lay unsubstantiated claims against people and watch them go through the legal process of trying to clear their name as much as possible. When the internet came along, and the bloggers were created, the media first was challenged to get its facts straight (something they still struggle to do).
The media cannot compete against thousands independent minds who have much more insight (and sometimes connections) as to what is going on in government regarding these issues. Their journalism schooled reporters are outgunned as badly as the Taliban was against the US armed forces. The blogger community is a powerful force when applied, as was well demonstrated with RatherGate.
But when the media tried to take it to the next level, and dove with the liberal fanatics into the Kool Aid of leaking national security secrets – secrets which were meant to detect and stop terrorist attacks on our soil – they ran head long into the next level of opposition. Thankfully, myopic zealots like Fitzgerald have given the country the tools it needs to take this conflict into the courts (the last bastion of liberal defense).
Even if the Department of Justice doesn’t go after the media, private groups just might. I am watching efforts by readers of Just One Minute to begin a complaint against Fitzgerald’s prosecutorial misconduct. We shall see if he is truly under DoJ control or not. There is no way for DoJ not to investigate Fitzgerald if they want to retain the charade he is not running open loop and, essentially, violating the constitution.
So let the next stage begin. Lliberals want to play this game – fine. Those of who expected them to regain some sanity and composure are now coming to the realization it will never happen. So why hold back?
AJ:
What liberals don’t seem to understand is that there are many of us who have either sacrificed personally or had family members who have done so to ensure we continue to have a free democratic society.
When you stoop to leaking or printing National Security secrets it only enflames the passions in those of us who have a deep loyalty to this good old USA.
The answer along with full prosecution and penalty for those who engage in these acts is for the American people to hit them in the pocketbook. We have watched as circulation of many major papers in this country has declined and perhaps that is a good sign that the flock of sheep is getting smaller.
The second that the special prosecutor was named in this case it because a “be careful what you ask for” event. Typically, liberals never ever see what is planted firmly in front of their faces. This one serves them right.
AJ,
I keep hearing that McCarthy is singing like a canary, but this contradicts her public position. While in itself, this is understandable, it creates scepticism that your claim is accurate. Don’t get me wrong – I hope that you are correct because that would indeed help fulfill Mac’s promise of an interesting summer.
Good Captain,
I am like you, I must rely on the inside sources of Mac Ranger, etc. The McCarthy attempt to play the press made perfect sense. She tried on a DNC scandal lawyer who tried some clintonesque denials, then went silent. Sounds like investigators warned her any deals were at risk if she kept this up.
I think she is singing because phone records caught her in lies. We shall see though. I have no special knowledge.
Thanks AJ,
Your point on her going silent after the initial denial is a point that I hadn’t thought of. BTW, congrats on your 1 year blogging anniversary. I think you have one of the more insightful blogs on national security and I visit regularly. Keep up the good work!