Journalists gasp and growl whenever prosecutors issue lawful subpoenas ordering them to divulge their confidential sources or to turn over potential evidence, such as notes, video outtakes or other records. It’s an attack on the First Amendment, It’s an attack on the First Amendment, It’s an attack on the First Amendment, journalists and their lawyers chant. Those chants were heard this week, as it was revealed that Department of Justice prosecutors had seized two months’ worth of records from 20 office, home and cell phone lines used by Associated Press journalists in their investigation into the Yemen underwear-bomber leaks.
Woodward and Carl Bernstein write in their 1974 book, All the President’s Men, that Deep Throat shared his secrets to “protect the office” of the presidency and “effect a change in its conduct before all was lost.” Woodward amended his source’s purely patriotic motives in his 2005 book, The Secret Man: The Story of Watergate’s Deep Throat. In it, Woodward held that Deep Throat — whom he confirmed was W. Mark Felt, a former high-ranking FBI man who outed himself as the leaker — supplied him with information to protect the FBI from the meddling Nixon White House. That harmonized with the rationale offered in A G-man’s Life: The FBI, Being ‘Deep Throat,’ and the Struggle for Honor in Washington, Felt’s 2006 book published with the guiding hand of a co-writer (Felt was 92 and suffering from dementia): that Deep Throat leaked to Woodward to “spark a broader investigation” by the Justice Department of the break-in.