Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Leaks and the Law [The case for prosecuting the New York Times]
Weekly Standard ^ | 6/23/06 | Gabriel Schoenfeld

Posted on 06/23/2006 11:04:09 PM PDT by 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."

(Excerpt) Read more at weeklystandard.com ...


TOPICS: Front Page News; Government; News/Current Events; War on Terror
KEYWORDS: cia; espionageact; law; leaks; media; mediawatch; nsa; nyt; war; waronterror; yellowjournalism
Navigation: use the links below to view more comments.
first 1-5051-82 next last

1 posted on 06/23/2006 11:04:11 PM PDT by bnelson44
[ Post Reply | Private Reply | View Replies]

To: bnelson44

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


2 posted on 06/23/2006 11:05:47 PM PDT by 308MBR ( Somebody sold the GOP to the socialists, and the GOP wasn't theirs to sell.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bnelson44

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


3 posted on 06/23/2006 11:07:22 PM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bnelson44

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


4 posted on 06/23/2006 11:08:40 PM PDT by roses of sharon
[ Post Reply | Private Reply | To 1 | View Replies]

To: bnelson44

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


5 posted on 06/23/2006 11:10:17 PM PDT by bnelson44 (Proud parent of a tanker! (Charlie Mike, son))
[ Post Reply | Private Reply | To 1 | View Replies]

To: bnelson44

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


6 posted on 06/23/2006 11:11:02 PM PDT by Kryptonite (Keep Democrats Out of Power!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bnelson44

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


7 posted on 06/23/2006 11:13:30 PM PDT by pcottraux (It's pronounced "P. Coe-troe.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: bnelson44
CAN JOURNALISTS REALLY BE PROSECUTED for publishing national security secrets?

Why wouldn't they?

8 posted on 06/23/2006 11:13:54 PM PDT by operation clinton cleanup
[ Post Reply | Private Reply | To 1 | View Replies]

To: bnelson44

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.


9 posted on 06/23/2006 11:19:44 PM PDT by raisincane (Dims think we're all oblivious to the obvious)
[ Post Reply | Private Reply | To 1 | View Replies]

To: raisincane
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.
10 posted on 06/23/2006 11:23:08 PM PDT by garjog
[ Post Reply | Private Reply | To 9 | View Replies]

To: bnelson44
>"CAN JOURNALISTS REALLY BE PROSECUTED for publishing national security secrets?"

YES!

11 posted on 06/23/2006 11:23:22 PM PDT by rawcatslyentist (I'd rather be carrying a shotgun with Dick, than riding shotgun with a Kennedyl!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: operation clinton cleanup
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.....!

12 posted on 06/23/2006 11:24:01 PM PDT by Jay Howard Smith (Retired(25yrs)Military)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Drango

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


13 posted on 06/23/2006 11:24:55 PM PDT by Islander2
[ Post Reply | Private Reply | To 3 | View Replies]

To: Jay Howard Smith
just don't do it in DC. A ham sandwich is safe there.. or at least folks who assault police officers..
14 posted on 06/23/2006 11:36:58 PM PDT by dalight
[ Post Reply | Private Reply | To 12 | View Replies]

To: bnelson44
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
15 posted on 06/23/2006 11:40:46 PM PDT by Brad from Tennessee (Anything a politician gives you he has first stolen from you)
[ Post Reply | Private Reply | To 1 | View Replies]

To: pcottraux
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.

16 posted on 06/23/2006 11:41:03 PM PDT by browardchad
[ Post Reply | Private Reply | To 7 | View Replies]

To: browardchad
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.
17 posted on 06/23/2006 11:46:09 PM PDT by Brad from Tennessee (Anything a politician gives you he has first stolen from you)
[ Post Reply | Private Reply | To 16 | View Replies]

To: browardchad

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.


18 posted on 06/23/2006 11:48:37 PM PDT by M1911A1
[ Post Reply | Private Reply | To 16 | View Replies]

To: garjog
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.
19 posted on 06/23/2006 11:53:49 PM PDT by Jackson Brown
[ Post Reply | Private Reply | To 10 | View Replies]

To: bnelson44

Little Pinch would make a wonderful cellmate.


20 posted on 06/23/2006 11:55:01 PM PDT by MistrX
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jackson Brown
""dealt with" severely"

What we need is to reserve a nice cell for them at Gitmo. They deserve it along with the other enemies of America.
21 posted on 06/24/2006 12:03:18 AM PDT by garjog
[ Post Reply | Private Reply | To 19 | View Replies]

To: bnelson44

bttt


22 posted on 06/24/2006 12:42:27 AM PDT by Christian4Bush (The Rat Party's goal is to END the conflict, not WIN the conflict...should be the other way around.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 308MBR
Prosecute if they fail to reveal the piece of government trash that let them in on the existence of the program.

Prosecute both. Otherwise, the papers will continue...

"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."

So, Gonzales - DO IT! How many more national security secrets need to be spilled before you act!!!

23 posted on 06/24/2006 12:47:04 AM PDT by maine-iac7 (LINCOLN: "...but you can't fool all of the people all of the time>")
[ Post Reply | Private Reply | To 2 | View Replies]

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

NO.1., National security is in force, war or not.

No 2 - Bush didn't go to war without the approval of Congress - why wouldn't it be a 'war'?

24 posted on 06/24/2006 12:49:40 AM PDT by maine-iac7 (LINCOLN: "...but you can't fool all of the people all of the time>")
[ Post Reply | Private Reply | To 7 | View Replies]

To: Jay Howard Smith
fined not more than $10,000

That needs to be brought up to today's dollars....otherwise, it's moot - 10k is a drop in the bucket, not a deterrent

25 posted on 06/24/2006 12:52:32 AM PDT by maine-iac7 (LINCOLN: "...but you can't fool all of the people all of the time>")
[ Post Reply | Private Reply | To 12 | View Replies]

To: 308MBR

I think all you guys are going at this the wrong way. First..you should declare that any information within the NY Times is fair game, and proceed to hack into their server...this includes subscription info...employee info...etc. Second, you declare that the private lives of the reporters are now public knowledge and proceed to follow these guys and report via blogs what they are actually doing. If they are spending 3 hours every Thursday at Madam Lesley's apartment...then the public ought to get that info. Third...in terms of finanical gains and losses....its time to hack into their info and protray the actual finanical bottom line on the newspaper.

After a month of blogging this info and declaring nothing secret about the Times...they will start to fall back and regroup. They won't like having their private business hung in the sunshine or their personal lives displayed. And if this works so well with them...then we move onto Newsweek and Time. They all deserve a taste of reality.


26 posted on 06/24/2006 12:55:25 AM PDT by pepsionice
[ Post Reply | Private Reply | To 2 | View Replies]

To: bnelson44

I want them locked up, driven into bankruptcy, including the loss of all personal assets and much, much worse.

We can't win the WoT until we deal with these traitors!!


27 posted on 06/24/2006 1:36:42 AM PDT by Gator113
[ Post Reply | Private Reply | To 1 | View Replies]

To: pepsionice
Second, you declare that the private lives of the reporters are now public knowledge and proceed to follow these guys and report via blogs what they are actually doing. If they are spending 3 hours every Thursday at Madam Lesley's apartment

And state the reports with the most self righteous, pious attitude that you can put on, that the "public has a right to know who and what these people are. That the public demands it!"

28 posted on 06/24/2006 2:47:38 AM PDT by AmericaUnited
[ Post Reply | Private Reply | To 26 | View Replies]

To: bnelson44

29 posted on 06/24/2006 3:50:47 AM PDT by SkyPilot
[ Post Reply | Private Reply | To 1 | View Replies]

To: bnelson44

BTTT


30 posted on 06/24/2006 3:57:29 AM PDT by SE Mom (Proud mom of an Iraq war combat vet)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SE Mom

Am I the only one that thinks this was a trap that the NYT walked into? More fireworks to follow.


31 posted on 06/24/2006 4:14:18 AM PDT by patj
[ Post Reply | Private Reply | To 30 | View Replies]

To: bnelson44
Question for the NYT's advertisers: Do you really want to aid and abet treason?
32 posted on 06/24/2006 4:17:12 AM PDT by mewzilla (Property must be secured or liberty cannot exist. John Adams)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 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 even tell you how down I am about this. So long as the government is going to slink away every time the NYT invokes the words 'public interest', we're screwed.

Every disgruntled or morally flexible worker in every classified program out there has a chance to take revenge against the system by selling out in a way that would be a death penalty case if he did it to a foreign government. What's worse is that the effect is the same, but instead of having to fear for his neck, he's lauded as a brave whistleblower and protected by the media establishment.

And the government sits by and watches helplessly.

If there's no penalty, and lots of gain, expect people to do it. If the government doesn't have the stones to stand up and take action against these people, I'd just as soon they stop crying about the leaks altogether.

33 posted on 06/24/2006 4:25:08 AM PDT by Steel Wolf (- Islam will never survive being laughed at. -)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Brad from Tennessee
I was just sitting here thinking about that...how would that work?

Would we sue them for some type of negligence?

I for one am to the point if our federal government won't enforce the laws again, I want to citizens to act. Protests etc. don't seem to phase them, letters to Congress doesn't move our representatives, Gonzales acts as if his hands are tied...well this is America right?

As a citizen my grievance over the failure of the government to protect national security secrets and the Times negligence at publishing them...? I've got have some sort of recourse somewhere? At least to put them on notice that their behaviors are dangerous etc.
34 posted on 06/24/2006 4:25:18 AM PDT by EBH (We're too PC to understand WAR has been declared upon us and the enemy is within.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: maine-iac7
So, Gonzales - DO IT! How many more national security secrets need to be spilled before you act!!!

He'd better hurry. We only have three left.

35 posted on 06/24/2006 4:27:35 AM PDT by Steel Wolf (- Islam will never survive being laughed at. -)
[ Post Reply | Private Reply | To 23 | View Replies]

To: mewzilla

Wasn't Howard Dean throwing a hissy fit about Rove not being indicted last week? I seem to remember him complaining about leaking "National Security information during a time of war"

They need to do a better job of punishing these people...Still no frogmarching from the NSA leaks!


36 posted on 06/24/2006 4:29:03 AM PDT by Wristpin ("The Yankees announce plan to buy every player in Baseball....")
[ Post Reply | Private Reply | To 32 | View Replies]

To: EBH

Correspondence to the Department, including the Attorney General, may be sent to:

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

BY E-MAIL:

E-mails to the Department of Justice, including the Attorney General, may be sent to AskDOJ@usdoj.gov.


37 posted on 06/24/2006 4:31:07 AM PDT by EBH (We're too PC to understand WAR has been declared upon us and the enemy is within.)
[ Post Reply | Private Reply | To 34 | View Replies]

To: Steel Wolf
If there's no penalty, and lots of gain, expect people to do it. If the government doesn't have the stones to stand up and take action against these people, I'd just as soon they stop crying about the leaks altogether.

Best post of the thread. And you're right - either do something about it or shut up...

38 posted on 06/24/2006 4:31:32 AM PDT by Fury
[ Post Reply | Private Reply | To 33 | View Replies]

To: Steel Wolf

I think the Times article quotes 20 anonymous sources in the Gov for this info.......that's 20 traitors in the Gov alone and not counting the traitors at the Times...


39 posted on 06/24/2006 4:32:44 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
[ Post Reply | Private Reply | To 33 | View Replies]

To: bnelson44
the libs and the lamestream press are doing everything in their power to defeat the US. Very soon now I expect them to jump the shark and expose their purpose for everyone to see.

Its inevitable.

40 posted on 06/24/2006 4:36:55 AM PDT by Pietro
[ Post Reply | Private Reply | To 1 | View Replies]

To: bnelson44

Everyone ignores one obvious reason why these newspapers release this information.

It is the 800 pound gorilla in the room. No one wants to talk about it.

1. They release the information because they are on the side of the terrorists and are doing their espionage work for them. Liberals have found that if they condemn classified information as "abuse of power," then they can call themselves "whistleblowers" instead of spies. Then they get lauded for their courage.


41 posted on 06/24/2006 4:39:01 AM PDT by xzins (Retired Army Chaplain and Proud of It. Supporting our Troops Means Praying for them to Win!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: xzins

Every Rat pundit on tv yesterday defended this by saying that *it's Americans right to know*......that's their talking point.


42 posted on 06/24/2006 4:43:09 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
[ Post Reply | Private Reply | To 41 | View Replies]

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

Classified information is classied all the time, war or not. Disclosing it is, and always will be a crime.

43 posted on 06/24/2006 4:44:06 AM PDT by EricT. (CA conservatives only serve to inflate the number of electoral votes won by the Dems.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: bnelson44
I say go after them. This BS has got to stop. The press won't stop revealing our secrets until they are taken to account. They need to see one of their smarmy own, in chains, squealing on their way to prison. ;0)
44 posted on 06/24/2006 4:46:20 AM PDT by cibco (Xin Loi Saddam)
[ Post Reply | Private Reply | To 1 | View Replies]

To: garjog
What we need is to reserve a nice cell for them at Gitmo.

No way, Gitmo is too plush. They need to go to Ft. Leavenworth, KS.

45 posted on 06/24/2006 4:47:44 AM PDT by EricT. (CA conservatives only serve to inflate the number of electoral votes won by the Dems.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: patj

Actually- once the Times let the administration know in no uncertain terms it was going to publish the story- the admin gave them people to talk to so they would publish facts rather than supposition.

The NYT's has no bottom level..it simply goes deeper down, always able to find a new and more destructive level. SOB's.


46 posted on 06/24/2006 4:49:30 AM PDT by SE Mom (Proud mom of an Iraq war combat vet)
[ Post Reply | Private Reply | To 31 | View Replies]

To: garjog
"What we need is to reserve a nice cell for them at Gitmo. They deserve it along with the other enemies of America."

They don't deserve that good of a treatment.

47 posted on 06/24/2006 4:51:10 AM PDT by cibco (Xin Loi Saddam)
[ Post Reply | Private Reply | To 21 | View Replies]

To: bnelson44
The next NYT Executive staff's board meeting should be something like below:


48 posted on 06/24/2006 4:58:16 AM PDT by MaDeuce (Do it to them, before they do it to you! (MaDuce = M2HB .50 BMG))
[ Post Reply | Private Reply | To 1 | View Replies]

To: SE Mom
Actually- once the Times let the administration know in no uncertain terms it was going to publish the story- the admin gave them people to talk to so they would publish facts rather than supposition.

That's a technique.

I'd have thrown them in prison for endangering the lives of Americans and selling out their country in order to win a Pulitzer prize, but whatever.

49 posted on 06/24/2006 5:00:56 AM PDT by Steel Wolf (- Islam will never survive being laughed at. -)
[ Post Reply | Private Reply | To 46 | View Replies]

To: 308MBR

The one person we have heard zip from lately is Rockefeller. (I think). He was so verbal about the NSA spying, it makes me wonder if he is under investigation.


50 posted on 06/24/2006 5:02:34 AM PDT by Sacajaweau (God Bless Our Troops!!)
[ Post Reply | Private Reply | To 2 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-82 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson