DOJ has used Espionage Act to go after journalists

[kpete]

DOJ has used Espionage Act to go after journalists

The legality of these activities would "depend on the particular facts and circumstances," Mr. Friedrich replied. "It would be inappropriate to offer an advisory opinion about the legality of such conduct."

Could improper or unnecessary classification be used as a defense against prosecution? "We are aware of no case that affirmatively holds that such a defense is available to defendants in Espionage Act cases," Mr. Friedrich wrote. And he cited one Ninth Circuit decision that said that "under section 798 (one of the espionage statutes), the propriety of the classification is irrelevant."

He disclosed that "over the past five years, the Department has approved search warrants for materials related to the news gathering process... in four cases." These were not specified.


http://www.fas.org/blog/secrecy/2007/08/reporters_could_be_prosecuted.html
via:
http://prairieweather.typepad.com/big_blue_stem/2007/08/doj-has-used-es.html

[Heidi]

1. I'm a former MSM journalist who has been guilty of media bashing.

If any of us wonder why journalists seem "gutless," "timid," or in bed with the administration (I've often heard these terms used), no doubt this sort of thing is part of the reason why. In my experience as a journalist, the only thing that travels faster than through the newsroom community than rumor of political corruption or drink specials at the neighborhood bar is _fear_.

Recommended. :kick:

[leveymg]

2. The Admin. isn't the only place the media is imbedded

See, http://www.dailykos.com/story/2006/2/2/14024/94613

FBI Probes AIPAC Leak of Iran Docs to NYT
by leveymg
Thu Feb 02, 2006 at 11:00:24 AM PDT

The FBI is probing an effort by two former employees of the American Israel Public Affairs Committee (AIPAC) to disclose classified information to the New York Times. This appears to have been part of an effort to cultivate Times reporters in order to selectively leak classified Iran WMD documents.

Larry Franklin, a former Iran desk officer at the Pentagon, recently pleaded guilty to trading classified papers with Israeli intelligence officers and employees at AIPAC. Two AIPAC employees accused of working with Franklin are now being tried in federal court in Alexandria, VA.

This prosecution follows the much publicized scandal involving ex-NYT reporter, Judy Miller, as the conduit of false information about Iraq WMD.

The Times is burying this story breaking today at the bottom of its on-line National page.

MORE BELOW . .

[windy252]

3. Kick and 3rd recommend.

Let's get this to 5.

[Doctor_J]

4. When can we start calling them fascists

And not apologizing for it the next day?

[fed-up]

5. happy to be the 5th rec nt

[truedelphi]

6. If this is going to happen anyway - and I guess it is - then

Could I suggest that Robert Novak be the first person charged for his published outing of Valerie Plame?

[jazzjunkysue]

7. There's 8. Paging Keith Olberman. n/t.

[DemReadingDU]

8. morning kick