Memo to the Senate Democrats: Firing the Capitol Hill Memo Leakers May be Unconstitutional

12-01-03 | Jonathan M. Stein

[RonF]

Actually, I have been on vacation on and off quite a bit over the last few weeks.

[RJS1950]

Nice opportunity to pound sand up their rat arses.

[Alamo-Girl]

Thanks for the ping!

[jmstein7]

My pleasure; pass the word on!

[jmstein7]

BTTT!

[OESY]

If the leakers are fired by the Senate, they may have actionable whistleblowing claims.... If the Senate fires staffers for leaking memos that outline how Senate Democrats have abused, or planned to abuse, their positions as United States Senators, the staffers will likely have a cause of action against the government based on First Amendment rights.  Such action, on its merits, will get to the substance of the various memos.  The burden will then be on the Democrats to defend the substance of the memos – an untenable position, which includes, inter alia, defending the unprecedented filibusters of highly qualified minority nominees solely because powerful far left-wing interest groups want to merely deny Republicans the political capital associated with appointing minorities to the Federal bench.

Who would have thunk it? But wasn't Linda Tripp a whistleblower? Proceed carefully.

[perfect stranger]

If the Senate fires staffers for leaking memos that outline how Senate Democrats have abused, or planned to abuse, their positions as United States Senators, the staffers will likely have a cause of action against the government based on First Amendment rights. Such action, on its merits, will get to the substance of the various memos. The burden will then be on the Democrats to defend the substance of the memos – an untenable position, which includes, inter alia, defending the unprecedented filibusters of highly qualified minority nominees solely because powerful far left-wing interest groups want to merely deny Republicans the political capital associated with appointing minorities to the Federal bench.

[ODDITHER]

Let's say I work with someone that I suspect is doing something illegal but I don't have any proof. I decide to break into their office and hack their computer to get the goods on them. I then turn that information over to the press (not the police or my employer) but the press. The evidence gathering doesn't justify my breaking and entering.

That doesn't make the person that is doing something illegal - innocent or should the evidence found be ignored, but it does seem to me that I should be held accountable for breaking and entering.

[jmstein7]

BUMP!

[jmstein7]

Except that the computers weren't hacked; they were on a common server (thanks to Leahy). It's not the staffer's fault that the memos were stored in public for all to see (which is why they knew of their existence). It would have been different if they indeed did "hack" into protected servers to get the info, but that is not what happened here.

Plus, congress is considered a "single entity" by its own rules.

Therefore, it was absolutely correct to "blow the wistle" on this corruption; the people at large (we the people) have a string interest in knowing if their elected officials are abusing their offices.

[jmstein7]

"Strong" (not string)

[nicmarlo]

BTTT

[pageonetoo]

Excellent analysis... below is a link to an article in WSJ, this morning, which is also quite succinct!

(excerpted from WSJ article)

A statement put out last week by Mr. Hatch's office says that the accused staffer "improperly accessed at least some of the documents referenced in the media reports." That accusation bears scrutiny in light of how the committee's computer system is organized: Until Nov. 16, all Judiciary staffers used the same computer server and had access to a shared drive, a system put in place when Sen. Leahy took over as chairman in 2001 and hired his own IT staff.
http://www.opinionjournal.com/editorial/feature.html?id=110004370

Excellent analysis... above is an article in WSJ, this morning, which is also quite succinct!

[Iowa Granny]

Interesting stuff.

[Lauren BaRecall]

This is a terrific analysis!

Rush *should* do more on this subject. I don't know why he isn't.

[Lauren BaRecall]

You've probably been pinged already, but I'm sure I'm not the only one who would be curious to know what you think of this.

Ditto. You took the thought right out of my brain! :o)