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A Leak Probe Gone Awry (Wilson, Plame)
New York Times ^ | September 27, 2004 | Editorial

Posted on 09/27/2004 6:16:05 AM PDT by OESY

When the Justice Department opened an investigation a year ago into the question of how Robert Novak obtained the name of a covert Central Intelligence Agency operative for publication in his syndicated column, we expressed two basic concerns. The first was the need for an independent inquiry led by someone without Attorney General John Ashcroft's ultra-close ties to the White House. That was addressed belatedly with the naming of a special prosecutor, Patrick Fitzgerald, to pursue the accusations that unnamed Bush administration officials illegally leaked the woman's undercover role in an effort to stifle criticism of Iraq policy by her husband, former ambassador Joseph Wilson IV.

Unfortunately, our second, overriding fear has become a reality. The focus of the leak inquiry has lately shifted from the Bush White House, where it properly belongs, to an attempt to compel journalists to testify and reveal their sources. In an ominous development for freedom of the press and government accountability that hits particularly close to home, a federal judge in Washington has ordered a reporter for The New York Times, Judith Miller, to testify before a grand jury investigating the disclosure of the covert operative's identity and to describe any conversations she had with "a specified executive branch official."

The subpoena was upheld even though neither Ms. Miller nor this newspaper had any involvement in the matter at hand - the public naming of an undercover agent. Making matters worse, the newly released decision by Judge Thomas Hogan takes the absolutist position that there is no protection whatsoever for journalists who are called to appear before grand juries.

This chilling rejection of both First Amendment principles and evolving common law notions of a privilege protecting a reporter's confidential sources cries out for rejection on appeal, as does the undue secrecy surrounding the special prosecutor's filings in the case.

Mr. Novak has refused to say whether he received a subpoena. But other journalists have acknowledged getting subpoenas and some have testified about their contacts with I. Lewis Libby, Vice President Dick Cheney's chief of staff. They say they did so based on his consent, but consent granted by government employees under a threat of dismissal hardly seems voluntary. Once again, none of these journalists were involved in the central issue: the initial public identification of Mr. Wilson's wife.

If an official at the White House intentionally triggered publication of the name of a C.I.A. operative to undermine Mr. Wilson's credibility and silence criticism of Iraq policy, it was a serious abuse of power. The legacy of the investigation should not be a perverse legal precedent that makes it easy for prosecutors to undo a reporter's pledge of confidentiality, thereby discouraging people with knowledge of real abuses to blow the whistle to the press.


TOPICS: Culture/Society; Editorial; Foreign Affairs; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: ashcroft; bush; cia; cialeak; firstamendment; fitzgerald; freedomofthepress; iraq; josephwilson; judithmiller; justice; libby; newsmedia; newyorktimes; novak; plame; wilson; yeloowcake
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To: OESY
Once again, none of these journalists were involved in the central issue...

You'd think the New York Times' editors would at least be able to use proper grammar in their editorials. This should be "... none of these journalists "was"...

Don't they teach diagramming sentences any more?

21 posted on 09/27/2004 6:46:38 AM PDT by Real Cynic No More ( Kerry is the Hanoi candidate)
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To: OESY
The focus of the leak inquiry has lately shifted from the Bush White House, where it properly belongs, to an attempt to compel journalists to testify and reveal their sources. Oh....poor baby. Let me see if I've got this right. Journalist can sit still and be quiet and not reveal their sources while the governement spends millions of our tax dollars trying to figure it out. What's wrong with this picture? I believe in freedom of speech and freedom of the press. So, why is there a governmental investigation. Leave the press and the American public alone. Let them excercise freedom of the press and free speech. BTW, is the NYT following up on the Sandy Berger scandal? Hmmmmmmm?
22 posted on 09/27/2004 6:48:53 AM PDT by no dems (Saddam Hussein, himself, was a Weapon of Mass Destruction.)
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To: Dems_R_Losers
But other journalists have acknowledged getting subpoenas and some have testified about their contacts with I. Lewis Libby, Vice President Dick Cheney's chief of staff. They say they did so based on his consent, but consent granted by government employees under a threat of dismissal hardly seems voluntary.

This is outrageous.

Libby waived any confidentiality and the Times is in a snit?!

Notice how they omit the part where the reporters who testified have said that Libby never brought up, nor did they, Wilson or his wife.

What do they mean that his consenting that reporters be allowed to testify to conversations they had with Libby doesn't seem voluntary. What does that mean??? It means nothing. They are just stringing words together in order to convey a deceitful message.

They are sick.

23 posted on 09/27/2004 6:49:54 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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To: ohiobluesuiter
She worked at Langley everyday. Not clandestine. Am I wrong here?

You are not wrong.

The 9/11 Commission exposed the memo she wrote recommending her husband for the trip to Niger. A recommendation Wilson had claimed was never made and was part of his repertoire of outrage he would spew about whenever granted a public stage.

I want to know why the Wilsons were so keen on him making that trip when it is plain he did no investigating except the most cursory of inquiry.

24 posted on 09/27/2004 6:53:42 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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To: ArmyBratproud

Perhaps the government official that Miller is being asked about is Joe Wilson!


25 posted on 09/27/2004 6:55:31 AM PDT by expatpat
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To: Grampa Dave

And keep in mind that CBS bumped a story by Ed Bradley that was going to cover (deceitfully, from the articles I've read describing the content) the forged memo business and was going to assert (falsely) that the Bush administration "relied" on the forged documents to make the "erroneous" claim of Iraq seeking yellowcake in Niger, hence we went to war on a false basis--the CBS story was set to breathlessly inform the public.

Note that Wilson himself gave people to think that one reason he was commissioned to sally forth to Niger and sip tea was on the basis of the forged memos. A tale many in the media were pleased to repeat when the fact is the memos came to light in October 2002, after his trip in February 2002.

What did Wilson know about the forged Niger documents and when did he know it?

Now CBS is in a spot where they have shelved the story since they realize now we're not going to sit by idly while they broadcast outright false anti-Bush propaganda.

Word is that lib blogger Josh Marshall was a "consultant" on that project. I am pretty sure I've heard before he's a conduit to Wilson himself.

It seems of piece.


26 posted on 09/27/2004 7:01:32 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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To: OESY

So who gave Novak his info on Plame and why are they hiding their identities?


27 posted on 09/27/2004 7:02:02 AM PDT by liberallarry
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To: Just mythoughts
This sounds like it came out of that leaked "rockey" memo that planned to "investigate" President Bush.

This sounds interesting but not ringing any bells. What memo is this?

28 posted on 09/27/2004 7:02:59 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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To: ClearCase_guy
I'm a firm believer that all sources should be on-the-record and fully identified

An unrealistic approach to fighting government and corporate abuse.

29 posted on 09/27/2004 7:04:06 AM PDT by liberallarry
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To: dirtboy
The focus of the leak inquiry has lately shifted from the Bush White House

One thing I remember clearly(so do they). Novak said the source was an administration source, he specifically said it was NOT from the White House. The N Y Times says the White House because that's where they want to cause damage.

30 posted on 09/27/2004 7:07:31 AM PDT by Mister Baredog ((Part of the Reagan legacy is to re-elect G.W. Bush))
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To: cyncooper

Excellent summary of the related events.

When the Wilson/Plame fiasco hit the MSM news last summer, many of us pointed out that this had been blogging along on the left wing blog sites for months. Then the NY Slimes decided to make the blogged lies and spins front page news.

"Word is that lib blogger Josh Marshall was a "consultant" on that project. I am pretty sure I've heard before he's a conduit to Wilson himself."

The Wilson/Plame lies/spin blogging is very similiar to the Burkett/? blogs lies before CBS picked up on them.


31 posted on 09/27/2004 7:07:37 AM PDT by Grampa Dave (When will the ABCNNBC BS lunatic libs stop Rathering to Americans? Answer: NEVER!)
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To: Brilliant
Ask the reporters. They have no privilege. They were involved in a crime, even if they were not themselves committing it

I don't see you demanding that Novak be held to this standard.

32 posted on 09/27/2004 7:07:47 AM PDT by liberallarry
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To: OESY

You forgot to mention that the "Iraq - yellowcake" question was decided without depending on the "forged documents" (as per Lord Butler, 9/11 Commission, Senate Intel Report)
.


33 posted on 09/27/2004 7:08:10 AM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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To: liberallarry
The news media is not the police. They have no special rights or priviledges. As it stands, they can throw verbal bombs at any public figure they dislike. That is not a good situation.

Corporate abuse? I believe it is handled better without media hype. There are agencies in charge of corporate misconduct. If they need to be strengthened, then strengthen them. But it's not media's job to proffer unverified and unsubstantiated information.

Government abuse? As it stands, the media protects Democrats and slanders Republicans. That's not good. If media were even-handed, I might view it differently. But the current situation is heavily biased, and so I cannot see that media "helps" in cases of "government abuse". Again, there are agencies that are tasked with this sort of thing. The media should not proffer unverified and unsubstantiated information.

34 posted on 09/27/2004 7:20:05 AM PDT by ClearCase_guy (I have two words for John Kerry: "YYYEEEEAAARRGGGHHHH!!!!")
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To: OESY
A Leak Probe Gone Awry </>

Translation: "We thought this propaganda campaign organized by the DNC and the MSM, complete with discussions between Pinch Sulzberger and Terry McAuliffe, would smear mud on Bush. Instead, it's backfiring on us, the liars who orchestrated it."

35 posted on 09/27/2004 7:21:39 AM PDT by Cicero (Marcus Tullius)
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To: ClearCase_guy
"I'm a firm believer that all sources should be on-the-record and fully identified."

Especially with a rag like the NYT which has a proven history (Jayson Blair) of fabricating stories. If a source won't go on record, he/she has no business talking. Period. In today's environment, the media have shown they cannot be trusted.
36 posted on 09/27/2004 7:27:39 AM PDT by Steve_Seattle
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To: liberallarry
"I don't see you demanding that Novak be held to this standard."

Lots of us think Novak should be required to report his source. As far as we're concerned, reporters who divulge classified information, or any information protected by law such as grand jury testimony, are accessories to a crime. Quite simply, we do not trust the press not to fabricate stories based on made-up or dubious sources.
37 posted on 09/27/2004 7:32:21 AM PDT by Steve_Seattle
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To: ClearCase_guy
They have no special rights or priviledges

But they do. The Founders thought them so central to proper functioning of a democracy that they specifically guaranteed "Freedom of the Press".

Corporate abuse? I believe it is handled better without media hype.

You mean regulatory agencies that Republicans are always trying to gut and Democrats revile because of their closeness to the industries they're supposed to regulate?

Government abuse? As it stands, the media protects Democrats and slanders Republicans

No it doesn't.

In the age of the Internet and talk radio all views are easily available to anyone who's seriously interested and willing to make a small effort. Of course, the truly lazy and stupid get what they deserve...as always.

But even previously, the media with all its faults was considered one of the foundations of our system of checks and balances which has proven to be the best restraint on human greed, cruelty, arrogance, and intolerance.

38 posted on 09/27/2004 7:34:01 AM PDT by liberallarry
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To: liberallarry
"An unrealistic approach to fighting government and corporate abuse."

There are "whistleblower" laws for that purpose. How do we protect ourselvers from media abuse and lies and slander when the courts have gutted libel law and made it possible for the media to say virtually anything with impunity?
39 posted on 09/27/2004 7:35:46 AM PDT by Steve_Seattle
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To: liberallarry

How do you know Novak hasn't testified to the grand jury?

What lie has he disseminated regarding this matter? None! He did not push the Wilsonian spin/lie so he did not participate in the crime. He revealed an aspect of it.


40 posted on 09/27/2004 7:37:12 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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