Missing the point
Jack Shafer calls him a First Amendment Chicken Little. In his column, Getting the Chills, E. J. Dionne, Jr. covers recent arrests of journalists who refuse to reveal their sources.
Now, according to The Post, the Justice Department has been asked to consider opening a criminal investigation into leaks about the satellite program. Will laws designed to keep secrets from our enemies be invoked to keep secrets from the taxpayers?
I think Dionne misses the real point here. Laws designed to keep secrets from our enemies must also apply to keeping secrets from taxpayers, because the United States is a free society, and by revealing things to the citizenry at large, we must assume our enemies will see it, too.
YAnd of course there is special prosecutor Patrick Fitzgerald’s interminable investigation in the Valerie Plame case. At issue is who leaked to columnist Robert D. Novak the fact that Plame, the wife of Bush administration critic Joe Wilson, was a covert CIA agent. It’s illegal to disclose the names of undercover agents.
You might think Novak would be the journalist on the griddle. But for now it is Judith Miller of the New York Times and Matt Cooper of Time magazine who are being threatened with spells in the slammer — up to 18 months. Their “crime” was to talk to sources about the Plame story and then refuse to tell Fitzgerald who those sources were. As Cooper dryly told CBS last week, “Putting me in jail won’t reveal who leaked to Robert Novak.”
Putting Cooper in jail probably won’t reveal who talked to Novak. That’s not the purpose. The purpose is to punish Cooper for his obstruction of an investigation that had legitimate reasons to ask who his sources were. His source(s) may or may not have been the same as Novak’s, but they did provide information about this case, and may have information that can help federal investigators track down the leak.
They participated in a story that helped in the outing of a covert CIA agent. Surely anyone whose head isn’t entirely filled with rocks can see why there would be laws to protect this kind of classified information. There’s a legitimate reason for the government to want to know where this leak is. Sure, Miller and Cooper can keep their mouths shut, but tossing them in prison for it seems a fitting punishment. If I had knowledge of a federal crime and kept my mouth shut, I’d be tossed in prison (since the 5th Amendment only provides for my right to remain silent to protect myself). Being a journalist doesn’t provide for some magical protection that allows one to flaunt the law.
What makes a journalist, anyway? Blogs are, to some, online journals. Couldn’t anyone be a journalist? Surely, Matt Drudge provides information to a larger section of the public than some reporters at, say, the Charleston Gazette. How do we determine which people are worthy of protection from laws about obstruction of justice? Simple answer: if it’s obvious that a law has been broken in providing the information, a reporter owes it to the public to reveal his or her source. If the source won’t come forward without a promise of anonymity, then it’s up to the reporter to decide whether or not to quote the source. If the source is quoted and protected, then the reporter must be prepared to face the consequences for being an accomplice in a crime.