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NY Times Facing NSA Leak Indictment?
newsmax.com ^

Posted on 01/05/2006 10:04:21 PM PST by doesnt suffer fools gladly

NY Times Facing NSA Leak Indictment?

The New York Times reporters who broke the Bush "Spygate" story, as well as the paper's top executives who approved its publication, face the very real prospect of criminal indictment by the Bush Justice Department - a lawyer involved in the 1971 Pentagon Papers battle is warning.

With a full-blown Justice Department investigation now underway, Harvey Silvergate tells the Boston Phoenix: "A variety of federal statutes, from the Espionage Act on down, give Bush ample means to prosecute the Times reporters who got the scoop, James Risen and Eric Lichtblau."

Silvergate represented several parties in the Pentagon Papers litigation, a first amendment battle royale that pitted the Nixon administration against the Times, the Boston Globe and the Washington Post 35 years ago. The Watergate scandal's rising tide, however, swamped then-Attorney General John Mitchell, prompting him to abandon plans to prosecute the three papers.

This time, says Silvergate, the White House and the Old Gray Lady appear to be on an unavoidable collision course.

"Even Executive Editor Bill Keller and Publisher Arthur 'Pinch' Sulzberger Jr., could become targets," he predicts.

Silvergate says he's amazed that the prospect of criminal prosecution hasn't generated more controversy, especially since "such an indictment could be brought in short order."

The mere publication of the Times story on Dec. 16 could be considered a crime, he warns, and charges could be filed even before the DOJ probe ferrets out the identity of the leakers.

To be sure, Silvergate is no fan of the Bush administration - and says the Times was right to blow the lid off the secret surveillance program. He warns that any upcoming prosecution would be the product of "a vengeful White House concerned not so much with disclosure of national secrets as with revelation of its own reckless conduct."

Still, the Pentagon Papers veteran predicts that the Times' defense would be no slam dunk - especially since Keller and Sulzberger were personally warned by President Bush in an Oval Office meeting last year that publication of the story could damage national security.


TOPICS: News/Current Events
KEYWORDS: aidandcomfort; collaborators; doj; dojprobe; espionage; fifthcolumn; homelandsecurity; jamesrisen; leaks; nsa; nyt; saboteurs; sedition; traitors; treason
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1 posted on 01/05/2006 10:04:23 PM PST by doesnt suffer fools gladly
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To: doesnt suffer fools gladly
Going after the Slimes will only make them cultural icons.

Go after the leaker, but this is no win situation.

2 posted on 01/05/2006 10:07:10 PM PST by zarf (The BCS sucks.)
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To: doesnt suffer fools gladly

ohpleaseohpleaseohpleaseohpleaseohpleaseohpleaseohplease...


3 posted on 01/05/2006 10:07:48 PM PST by IncPen (Torture should be safe, legal, and rare.)
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To: doesnt suffer fools gladly

Book 'em, Danno. I WANT MY PERP WALK!


4 posted on 01/05/2006 10:08:25 PM PST by writer33 (Rush Limbaugh walks in the footsteps of giants: George Washington, Thomas Paine and Ronald Reagan.)
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To: doesnt suffer fools gladly

Didn't think indictments would come so soon. I can't wait.


5 posted on 01/05/2006 10:08:28 PM PST by saganite (The poster formerly known as Arkie 2)
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To: doesnt suffer fools gladly
Time to break out the popcorn.

6 posted on 01/05/2006 10:08:53 PM PST by Termite_Commander (Warning: Cynical Right-winger Ahead)
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To: zarf
Going after the Slimes will only make them cultural icons.

Go after the leaker, but this is no win situation.


As much as I loathe the Slimes, I agree with your assessment. Don't give the Slimes an issue they can use to drum up sympathy for their despicable reporting.
7 posted on 01/05/2006 10:11:00 PM PST by conservative in nyc
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To: doesnt suffer fools gladly

"The New York Times" is not some monolithic faceless alien oracle.

It is run by this man Arthur Sulzberger Jr. and his cadre of socialist crook propagandists from NYC's 42nd st.

Sulzberger is an enemy of the state and should be surveilled and brought up on charges of sedition.

2 posted on 12/26/2005 10:51:52 AM EST by Rome2000

8 posted on 01/05/2006 10:13:02 PM PST by Matchett-PI ( "History does not long entrust the care of freedom to the weak or the timid." -- Dwight Eisenhower)
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To: doesnt suffer fools gladly
especially since Keller and Sulzberger were personally warned by President Bush in an Oval Office meeting last year that publication of the story could damage national security.

I'm guessing their lawyer won't attempt the "ignorance of illegal acts" defense here. You're kinda screwed on that count when the President of the country has personally told you your story could damage national security.

9 posted on 01/05/2006 10:14:27 PM PST by Darkwolf377 (The first and great commandment is: Don't let them scare you. --Elmer Davis)
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To: Matchett-PI

bttt


10 posted on 01/05/2006 10:16:30 PM PST by timestax
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To: zarf

My guess is that the President has this all figured out and the Abramoff investigation is going to help him, not hurt him. The woman in charge of the criminal division for the justice dept was appointed by Bush in August, as a recess appointment. Her previous job was aid to the Secty of Homeland Security, Chertoff. She helped plan the Bush response to the 9/11 attack (who knows, maybe she even had a say in the surveillance). The
Rats tried to block her nomination because of the part she played in homeland security and the interrogation of prisoners. They see her as the enemy.

My guess is that Bush would be willing to see any crooked Republicans go down, if it meant getting rid of some of the top Democrat crooks, along with them.


11 posted on 01/05/2006 10:17:05 PM PST by Eva
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To: conservative in nyc; zarf
this is no win situation.

I understand looking broadly at where a fight will lead but I find your take on this way too timid. Even this anti-Bush guy is admitting that the slimes has serious jeopardy here

They were WARNED OFF by the Prez. And you know that talked it over at the top and with counsel. Still, they decided to flout the law and compromise national security by publishing.

I realize that a shrill cry about the 1st Amendment will go up. The country needs to be educated. The left wants to put our guys UNDER the freakin' jail for the least technical offense. And you don't have the cajones for this fight???

I say let's rumble! (And remember, BoR ain't no suicide pact!)

12 posted on 01/05/2006 10:21:59 PM PST by LK44-40
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To: zarf

With the public's support of the media so low, I don't know if they will be heros to anyone beyond the far left. They betrayed the country.


13 posted on 01/05/2006 10:24:21 PM PST by Galveston Grl (Getting angry and abandoning power to the Democrats is not a choice.)
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To: doesnt suffer fools gladly

My guess is that the reason the Times sat on the story was to give Risen a chance to finish his book. This would accomplish 3 things for the nyt...

1) More bashing of the Bush administration

2) A chance to make some money off of the "tie in"

3) Coverage for Risen... He writes a book critical of the Bush administration, and even though he's committed treason, or something just short of it, he'll plead that the administration is on a witch hunt because of his book.

Mark


14 posted on 01/05/2006 10:28:13 PM PST by MarkL (When Kaylee says "No power in the `verse can stop me," it's cute. When River says it, it's scary!)
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To: zarf
"Going after the Slimes will only make them cultural icons.
Go after the leaker, but this is no win situation"

Icons to whom, their normal left wing nut job fans?

Off them all, I will buy popcorn, sit back and enjoy the pig squeals emanating from the old gray whore.
15 posted on 01/05/2006 10:28:14 PM PST by Ursus arctos horribilis ("It is better to die on your feet than to live on your knees!" Emiliano Zapata 1879-1919)
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To: LK44-40
It will be worse than a shrill cry about the First Amendment. Every biased MSM outlet will become even more biased against the President if the Slimes reporters and editors are indicted for espionage. They will truly be out for blood.

Sometimes, you have to pick your battles. Going after the leakers (with possible contempt of court jailing of Slimes reporters and editors if they refuse to cooperate with the investigation - thanks Joe Wilson!) should be enough. Going directly after a newspaper is truly the nuclear option.
16 posted on 01/05/2006 10:28:33 PM PST by conservative in nyc
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To: Eva
"My guess is that Bush would be willing to see any crooked Republicans go down, if it meant getting rid of some of the top Democrat crooks, along with them."

I disagree- for this reason: Bush is willing and anxious to see crooked Republicans go down. PERIOD. And if Dem traitors go down, oh, well.

17 posted on 01/05/2006 10:28:35 PM PST by de Buillion (The War on Terror is Crusade 2001. We need a formal declaration of war!)
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To: Eva
My guess is that Bush would be willing to see any crooked Republicans go down, if it meant getting rid of some of the top Democrat crooks, along with them.

Exactly how this fits the thread slightly eludes me but, anyway, I will bite:

Prez must be willing to see Repbulicans go down if they are crooks REGARDLESS of what happens with Dems. Else, he and I would be finished. (Not worried though, about him. A little worried about you.)

18 posted on 01/05/2006 10:29:53 PM PST by LK44-40
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To: Matchett-PI

Pinch'll go over great in prison. So to speak.


19 posted on 01/05/2006 10:30:38 PM PST by Billthedrill
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To: MarkL
The NYT's hands may have been forced by the Senate Democrats (Harry Reid, in particular), who threatened to go forward with the story without the NYT before the Patriot Act vote if the Times didn't report on it. Or so say some rumor threads posted here in the past few days. The editor and publisher of the NYT isn't even answering their own Public Editor's questions about the questionable timing their story. And the timing is being attacked from both the left (why didn't they publish this during the campaign?) and the right.
20 posted on 01/05/2006 10:34:53 PM PST by conservative in nyc
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