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Inquiry Into Wiretapping Article Widens [the noose starts to tighten?]
New York Times ^ | February 12, 2006 | DAVID JOHNSTON

Posted on 02/11/2006 10:02:38 AM PST by 68skylark

WASHINGTON, Feb. 11 — Federal agents have interviewed officials at several of the country's law enforcement and national security agencies in a rapidly expanding criminal investigation into the circumstances surrounding a New York Times article published in December that disclosed the existence of a highly classified domestic eavesdropping program, according to government officials.

The investigation, which appears to cover the case from 2004, when the newspaper began reporting the story, is being closely coordinated with criminal prosecutors at the Justice Department, the officials said. People who have been interviewed and others in the government who have been briefed on the interviews said the investigation seems to lay the groundwork for a grand jury inquiry that could lead to criminal charges.

The inquiry is progressing as a debate about the eavesdropping rages in Congress and elsewhere. President Bush has condemned the leak as a "shameful act." Others, like Porter J. Goss, the C.I.A. director, have expressed the hope that reporters would be summoned before a grand jury and asked to reveal the identities of those who provided them classified information.

Mr. Goss, speaking at a Senate intelligence committee hearing on Feb. 2, said, "It is my aim, and it is my hope that we will witness a grand jury investigation with reporters present being asked to reveal who is leaking this information. I believe the safety of this nation and the people this country deserve nothing less." The case is viewed in as potentially far reaching because it places on a collision course constitutional principles that each side regards as paramount. For the government, the investigation represents an effort to punish those responsible for a serious security breach....For news organizations, the inquiry threatens its ability to protect sources and report on controversial national security issues free of government interference....

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


TOPICS: Crime/Corruption; Foreign Affairs; War on Terror
KEYWORDS: 109th; cia; doj; dojprobe; goss; homelandsecurity; jamesrisen; jayrockefeller; leaks; looselips; nsa; nyt; probe; rockefeller; spying; timestimesagain; timesup; traitormedia; traitors
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To: Bahbah

I couldn't agree more BB..it's not funny when the rules don't apply to certain people, at certain times, under particular circumstances...that could get Americans killed for no reason but the arrogant pride of journalists.


61 posted on 02/11/2006 10:49:56 AM PST by SE Mom (God Bless those who serve..)
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To: Cboldt
The bell cannot be unrung. They published. If the publication violates the statute, then the government needs to prosecute.

Oh, I quite agree. But there is a conciliatory tone to this article that bears sharp contrast with the confrontational tones of their previous stories.

It is as if they only now have come to realize the Espionage Act has real teeth...

Screw 'em.

62 posted on 02/11/2006 10:50:03 AM PST by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: LachlanMinnesota
What does this really mean? Any truly helpful details here?

I think a lot of us expected the Bush administration to buckle under liberal pressure, and to not investigate or prosecute these leaks.

Now, it looks like a real investigation is underway, and that strikes me as real news.

A real investigation will inevitably entangle the Times in its web, and it's possible we could see people from the Times going to jail. That's real news too.

63 posted on 02/11/2006 10:50:37 AM PST by 68skylark
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To: 68skylark
From Porter Goss (yesterday NYT): "Exercising one's rights under this act is an appropriate and responsible way to bring questionable practices to the attention of those in Congress charged with oversight of intelligence agencies. And it works. Government employees have used statutory procedures — including internal channels at their agencies — on countless occasions to correct abuses without risk of retribution and while protecting information critical to our national defense.

http://www.freerepublic.com/focus/f-news/1575696/posts On the other hand, those who choose to bypass the law and go straight to the press are not noble, honorable or patriotic. Nor are they whistleblowers. Instead they are committing a criminal act that potentially places American lives at risk. It is unconscionable to compromise national security information and then seek protection as a whistleblower to forestall punishment."

64 posted on 02/11/2006 10:52:34 AM PST by frankjr
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To: angkor
Reporters don't hold clearance and cannot be prosecuted (except for contempt, e.g., Judith Miller).

I used to think that too. Now I'm not so sure. The bloggers over at Powerline (who are also lawyers) have made a serious argument that the Times is guilty of criminal violations.

It seems unlikely that the administration would prosecute them, even if they're guilty -- they have enough trouble with a hostile MSM right now, and I don't think they want to go poking at that hornets nest a lot more. But we'll see.

65 posted on 02/11/2006 10:54:19 AM PST by 68skylark
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To: kjo
There's no chance the NYTs nor any other MSM people will have to go to jail. John McCain won't allow it.

Reporters don't hold clearance and cannot be prosecuted.

But their sources can be, and should be, and should get the maximum sentences to Leavenworth.

There are too many people around the Beltway who - often for decades - have held dear the sanctity of their clearances, their oaths, and their responsibilities to the nation. They DO NOT LEAK. Even after retirement, they honor their commitments and promises. For years, often until the day they die, they do not discuss operational information.

That is the oath they took, and on principle the commitment they honor.

I suspect these NSA leakers are the same despicable sort who have lobbied-for and approved "Gay Day" on the NSA premises. Despicable scum.

66 posted on 02/11/2006 10:56:09 AM PST by angkor
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To: 68skylark

Actually these people WERE around in World War II.

A few days after the battle of Midway The Chicago Tribune was leaked what the US knew of the order of battle of the Japanese at Midway, and that we knew the exact Japanese plan, and published it verbatim, giving away that we'd broken the Japanese naval code.

The Government began to attempt to prosecute the Tribune reporter but gave up.

People need to disabuse themselves of this fantasy that there was some sort of "Good 'ol days" where reporters never published sensitive info and if they did they were being prosecuted for treason left and right.


67 posted on 02/11/2006 10:58:43 AM PST by Strategerist
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To: Bahbah
As of now, there are simply no consequences.

Exactly, only in the showcase trials of Ames, Hanssen, etc.

But these leakers to the NY Slimes are equally (if not more) damaging, and they need to start serving time.

Not the reporters, the cleared leakers who are violating their oaths and commitments.

68 posted on 02/11/2006 11:00:03 AM PST by angkor
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To: 68skylark

What is there to investigate? The original NYTimes story referred to a letter expressing concern about the program two years earlier. A few days after the story is published, Sen. Rockefeller divulges the contents of the letter on the internet which he had written, yet he was the only one who had a copy of it (by his testimony). And as a member of the Senate Intelligence Committee, he was sworn to keep such information secret. Yet the NYTimes got a copy of it. Go figure.

It doesn't take an Oliver Wendell Holmes to figure that one out.


69 posted on 02/11/2006 11:00:13 AM PST by Hoodat ( Silly Dems, AYBABTU.)
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To: rodguy911
If it does it will only be reported accurately here.

Do you work for the Times?

70 posted on 02/11/2006 11:00:27 AM PST by processing please hold (Be careful of charity and kindness, lest you do more harm with open hands than with a clinched fist)
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To: 68skylark
The inquiry is progressing as a debate about the eavesdropping rages in Congress and elsewhere.

"....rages....", LMAO! That sounds so..... European.

If it wasn't for hearing Rush and other talk show hosts mention it on the radio, I would completely forget that Bush was eavedropping on terrorists and their collaborators in the United States. Of course, thanks to the treason of those pieces of sh!+ at the New York Times, I doubt the program is very effective at this point. We can only hope that the next target for the Muslim terrorists is the New York Times' building, in the middle of the day.

71 posted on 02/11/2006 11:00:38 AM PST by Lancey Howard
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To: angkor
I don't know what sexual orientation has to do with being a patriotic American, so I'm not sure why you see a linkage.

I do make an exception for some of the folks who work at the New York Times -- but not for those who work at the NSA or any other employer I can think of.

72 posted on 02/11/2006 11:02:43 AM PST by 68skylark
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To: Justanobody
Spells it out quite simply, doesn't it?

Yep. But you need to add a few phrases from the statute ...

Whoever knowingly and willfully ... publishes ... any classified information ... concerning the ... procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients ... shall be fined under this title or imprisoned not more than ten years, or both.

18 USC 798

I dropped in the statutory definition of "communications intelligence", and provide a link to the statute so readers can confirm that the elipses above don't change the intent or meaning of the statute.

The "fine" is forfeiture of all assets used to publish. It is a mandotry fine, with no room for discretion on the part of the trying Court.

If indicted and convicted, it's "bye-bye printing presses and internet servers."

And the beauty is, there is no need for investigation to find out who the leaker is! The only question is "classified information concerning the procedures and methods used in the interception of communications." Seems pretty easy to compare the NYT story with those critera, eh?

73 posted on 02/11/2006 11:03:01 AM PST by Cboldt
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To: Strategerist
People need to disabuse themselves of this fantasy that there was some sort of "Good 'ol days" where reporters never published sensitive info and if they did they were being prosecuted for treason left and right.

Actually that's very true and it's a great point.

I think some of out code-breaking successes were published in papers during WWII. And in earlier wars, the trend was even stronger. The press during the Civil War makes reporters today look like pussycats. And it was much more virulent than that during the War of 1812, when New England papers were trying to whip up armed rebellion against Washington, DC.

There never really was a golden era of harmony between the press and the military -- WWII is about as close as we ever got, and it was the exception.

74 posted on 02/11/2006 11:07:15 AM PST by 68skylark
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To: Pete'sWife
To put this in perspective -

NAZI CODES BROKEN
Army Possesses Encryption Machine

"Before running the story we gave long and sober onsideration to the administration's contention that disclosing the program would damage the country's war efforts," Mr. Keller said. "We were not convinced then, and have not been convinced since, that our reporting compromised national security."

75 posted on 02/11/2006 11:07:55 AM PST by muleskinner
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To: Mo1

Thanks for the ping, Mo1....glad to see THIS investigation hasn't been stopped.

I hope Rockefeller's threat that THEIR investigation into Bush comes back to get HIM but good!


76 posted on 02/11/2006 11:08:31 AM PST by Txsleuth (l drink tea, not kool-aid.)
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To: Hoodat
It doesn't take an Oliver Wendell Holmes to figure that one out.

Do you mean Sherlock Holmes?

77 posted on 02/11/2006 11:08:47 AM PST by 68skylark
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To: pbrown; rodguy911
Do you work for the Times?

LOL. When rodguy911 says it will be reported accurately here, he is referring to FR, not the Times.

78 posted on 02/11/2006 11:14:33 AM PST by Bahbah (An admitted Snow Flake and a member of Sam's Club)
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To: Patriot from Philly
I don't think the elites at the New York Times will enjoy jail.

Let's just execute them then & get it over with. Treason is as treason does.

79 posted on 02/11/2006 11:15:05 AM PST by talleyman (Kerry & the Surrender-Donkey Treasoncrats - trashing the troops for 40 years.)
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To: 68skylark

Off with their heads.


80 posted on 02/11/2006 11:20:38 AM PST by ANGGAPO (LayteGulfBeachClub)
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