Opinion

Jack Shafer

What war on the press?

Jack Shafer
May 24, 2013 20:26 UTC

President Barack Obama has declared war on the press, say writers at Slate, the Daily Beast, Reason, the Washington Post (Jennifer Rubin, Dana Milbank and Leonard Downie Jr.), Commentary, National Journal (Ron Fournier), the New York Times editorial page, CBS News, Fox News (Roger Ailes) and even Techdirt. Scores of other scribes and commentators have filed similar dispatches about this or that federal prosecution “chilling” the press and pulping the First Amendment. Downie, who could open an aquatics center with the leaks his reporters collected during his 17 years as executive editor of the Washington Post, calls the “war on leaks … the most militant I have seen since the Nixon administration.”

The most recent casualties in the alleged press war are Fox News Channel and the Associated Press. The phone records of reporters at these outlets were subpoenaed by federal investigators after the organizations published national security secrets. Then you have New York Times reporter James Risen. Federal prosecutors have been trying to force Risen onto the stand in the trial of alleged leaker-to-the-media Jeffrey Sterling (CIA) since the latter days of the Bush administration. When media strumming on the free-press topic reaches full volume, reporters and their defenders include the leak prosecutions of Thomas Drake (National Security Agency) and John Kiriakou (CIA), even though no journalist (or journalist record) appears to have suffered a subpoena in these cases. (However, the indictments in both the Drake and Kiriakou cases cite email communications with journalists.)

Championing the besieged press has become so popular that some Republicans have switched sides. Even the commander-in-chief of the alleged war, Barack Obama, has proved himself capable of making sad faces about the “war” on journalism! In his national security speech Thursday, he said, “I am troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable.” Obama went on to promise a review of the Department of Justice guidelines on press subpoenas. These are the guidelines that ordinarily exempt reporters from federal subpoenas and which his Department of Justice ignored in the AP and Rosen investigations. To make nice with the press, Obama promised to convene a powwow of DoJ bigwigs and media organizations to address the press corps’ “concerns.” (Word to my press colleagues: Invitations to discuss “concerns” with bureaucrats are usually a prelude to a kiss-off.)

But all this legal battering of the press, while real, hardly rises to the level of war. Take, for example, the language in the affidavit for search warrant for Fox News reporter James Rosen’s emails, which refer to a “criminal offense.” To journalists’ ears, the affidavit sounds like the precursor to an arrest, and has caused many otherwise sober reporters to protest that the Department of Justice was attempting to criminalize their business. But as George Washington University Law School Professor Orin Kerr argues in this precise blog item, the language in the affidavit “is designed to show compliance with the Privacy Protection Act” and is not a prelude to a prosecution.

No charges have been filed against Rosen, and the Department of Justice say none are anticipated. The Obama administration has yet to indict any journalists for acquiring or publishing classified information and claims it has no plans to do so. Testifying before the House Judiciary Committee on May 15, Attorney General Eric Holder expressed his negative enthusiasm for prosecuting journalists.

What was James Rosen thinking?

Jack Shafer
May 20, 2013 22:33 UTC

Just open your Twitter feed and listen to the Washington press corps howl about the Obama administration’s latest intrusion into their business.

From the mainstream we hear the grousing of Washington Post National Political Editor Steven Ginsberg, Washington reporter John Solomon and the Associated Press’s Matt Apuzzo. From the partisan corners come the protests of the Daily Caller’s Tucker Carlson, the New Yorker‘s Ryan Lizza, Fox News Channel’s Brit Hume, the Guardian‘s Glenn Greenwald and the chronically underemployed Keith Olbermann. All deplore, in vociferous terms, the excesses of a Department of Justice leak investigation that has criminalized the reporting of Fox News Channel’s James Rosen.

While I join this chorus of rage, I also wonder how much of Rosen’s trouble is of his own making. Did Rosen get caught and get his source in trouble because he practiced poor journalistic tradecraft?

The battle over Benghazi

Jack Shafer
Nov 2, 2012 22:35 UTC

When Washington bureaucracies rumble, they often avoid directly savaging one another by using the press as proxies. By leaking selectively to news outlets they believe will give them the most sympathetic hearing, they hope to shape the news by making it. The strategy doesn’t always work. Sock puppetry revolts good reporters and some bad ones, too, because they know carrying tainted water for a source today may stain their reputations tomorrow.

The Benghazi story hasn’t turned any reporters into absolute dummies—yet—but as the tag-team match of blame being played by the White House, the State Department, a congressional committee, and the CIA escalates–and with the Romney campaign eager to pounce on anything that makes the administration look bad–don’t be surprised if unnamed sources start spinning the facts in a self-serving manner.

You shouldn’t feel bad if you’re confused about Benghazi and have no idea who should be sacked for not doing his job: Press accounts and comments from President Barack Obama and Secretary of State Hillary Clinton have all congealed into one murky, confusing stew. Now, clarity has arrived in a new ultra-narrative given yesterday to Washington Post columnist David Ignatius, the New York Times, Reuters, the Wall Street Journal, the Washington Post, and others, sourced to a “senior administration official,” “senior intelligence officials,” “a senior American intelligence official,” “a senior U.S. intelligence official,” and “U.S. intelligence officials,” respectively.

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