Saturday, August 10, 2013

Reporter may go to jail for publishing story

James Risen is a NY Times reporter and he is is a new class of criminal, a journalist.  He had obtained information for a book from a knowledgeable source for a book, and now Central Intelligence Agency official Jeffrey Sterling has been indicted under the Espionage Act of 1917 – for leaking classified information to Risen for publication in his book.  The government says Risen has to name his source or go to jail.

The current DOJ seems to know no limits on declaring everybody to be enemies of the state, recently adding reporters to the list.  According to the Guardian,
In effect, the court has ruled that the journalist must reveal his source. That sets a dangerous precedent now applicable in Maryland and Virginia, home to the NSA and CIA – the very states in which national security journalism matters most. If a reporter cannot guarantee confidentiality to an important source willing to provide information that may be of vital public interest, the job of journalism itself has been criminalised. If a reporter like Risen refuses to co-operate and name names, he himself may face time behind bars.
Indeed, like a dedicated few before him, Risen has vowed to go to prison rather than break his vow of confidentiality in the courtroom. Although there will almost certainly be an appeal, the court's ruling is a potentially devastating blow to investigative journalism. Given its significance, it is shocking how little publicity the Risen/Sterling case has yet received from major media outlets with a direct interest in its outcome.
The Obama administration's war on whistleblowers coupled with the court's ruling against watchdog reporters highlight the federal government's efforts to curb the flow of information from both ends. No one disputes that at times journalists have a duty of care when entrusted with secret information with possible national security implications, but Risen is critical of how government officials will use this argument cynically to delay or suppress a story. He said recently:
I've been an investigative reporter for a long time, and almost always, the government says that ['you can't publish that because of the national security risk'] when you write a story. And then they can never back it up. They say that about everything. And it's like the boy who cried wolf. It's getting old.
There is virtually no mainstream press coverage on this story.

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