Leaks and the Law [The case for prosecuting the New York Times]

Weekly Standard ^ | 6/23/06 | Gabriel Schoenfeld

[bnelson44]

CAN JOURNALISTS REALLY BE PROSECUTED for publishing national security secrets? In the wake of a series of New York Times stories revealing highly sensitive counterterrorism programs, that question is increasingly the talk of newsrooms across the country, and especially one newsroom located on West 43rd Street in Manhattan.

Last December, in the face of a presidential warning that they would compromise ongoing investigations of al Qaeda, the Times revealed the existence of an ultrasecret terrorist surveillance program of the National Security Agency and provided details of how it operated. Now, once again in the face of a presidential warning, the Times has published a front-page article disclosing a highly classified U.S. intelligence program that successfully penetrated the international bank transactions of al Qaeda terrorists.

Although the editors of the Times act as if prosecution is not a possibility, not everyone concurs. One person who is still mulling the matter over is Attorney General Alberto Gonzales. Asked in late May about the prospect of prosecuting the Times and others who publish classified information, he by no means ruled it out. "There are some statutes on the books," he said, "which, if you read the language carefully, would seem to indicate that that is a possibility."

[308MBR]

Prosecute if they fail to reveal the piece of government trash that let them in on the existence of the program.

[Drango]

Congress should pass a new law that says beating the living $#!) out of a journalist is equivalent to jaywalking and a $25 fine.

[roses of sharon]

Infiltrate their "newsroom", and find out who in the gov is leaking, discredit, prosecute, and shut them down.

[bnelson44]

I would suggest people write their congressmen and insist these people are prosecuted.

[Kryptonite]

Treason, plain and simple. Covers the leaker and the publisher.

[pcottraux]

Couldn't we only prosecute them if a war had been officially declared? Not sure how that works.

[operation clinton cleanup]

CAN JOURNALISTS REALLY BE PROSECUTED for publishing national security secrets?

Why wouldn't they?

[raisincane]

The media thinks the 1st Amendment gives them protection to publish anything they want, including misleading opinions, and to leak classified government info to our enemies. Their prime motive though, is to harm our President and his administration's goals.

[garjog]

Wouldn't it be wonderful if the Attorney General started proceedings and indicted as many pukes at the NYTs as possible. These leaks could literally kill people, perhaps thousands.

[rawcatslyentist]

>"CAN JOURNALISTS REALLY BE PROSECUTED for publishing national security secrets?"

YES!

[Jay Howard Smith]

CAN JOURNALISTS REALLY BE PROSECUTED for publishing national security secrets?

Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information . . . concerning the communication intelligence activities of the United States . . . shall be fined not more than $10,000 or imprisoned not more than ten years, or both .

I dont know why a Grand Jury cant be empaneled to investigate a crime.....journalists called in to testify as to their sources...and if they refuse, then ala Judy Miller, off to jail.....!

[Islander2]

Lighten up. The penalty doesn't seem to fit the offense.
I was thinking more in terms of $4.75 and a commendation.
But I know your heart is in the right place. Mahalo

[dalight]

just don't do it in DC. A ham sandwich is safe there.. or at least folks who assault police officers..

[Brad from Tennessee]

I apologize for having to use this source for information but it was the first one I found. This link talks about Clinton redirecting the CIA to spy on foreign corporations:

http://www.interesting-people.org/archives/interesting-people/199405/msg00081.html

[browardchad]

Couldn't we only prosecute them if a war had been officially declared? Not sure how that works.

No.

Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information . . . concerning the communication intelligence activities of the United States . . . shall be fined not more than $10,000 or imprisoned not more than ten years, or both [emphasis added].

The applicable law was passed post-WW II as the result of a book published pre-WW II.

Read the article.

[Brad from Tennessee]

What we could try to do is sue the New York Times and their government leakers in civil court, as citizens, for damaging our right to safety and our ability to protect ourselves. This would put employees of the Times and suspected leakers under oath.

[M1911A1]

I am just sick about this. Why the heck was I in OIF? So the NY Times could sell me and my buddies out for "the public interest"?

I can't print what I would like to see happen to these dirtbags. The very thought that most likely nothing will happen to them despite this vile treason is depressing.

Maybe we deserve to lose.

[Jackson Brown]

These leaks could literally kill people, perhaps thousands.

I'd go so far as to state that these leaks WILL have killed people if (WHEN) there is another terrorist attack in the US! If/when one more happens it will have most likely have been possible because phones that would have been tapped are not used -- all the way back to satellite phones no longer being used -- and/or money made it to groups planning attacks through different methods than "usual".

Keller, et al. should be strung up. Also, at the same time, these leakers need to be caught and "dealt with" severely.

[MistrX]

Little Pinch would make a wonderful cellmate.