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.