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Expect Journalistic Tongues to Loosen (Jack Kelly)
Real Clear Politics ^ | 3-7-06 | Jack Kelly - Commentary

Posted on 03/06/2006 9:41:50 PM PST by smoothsailing

March 7, 2006

Expect Journalistic Tongues to Loosen

By Jack Kelly

Journalists will be paying rapt attention when Steven Rosen and Keith Weissman go on trial next month for violation of the Espionage Act of 1917.

Mr. Rosen and Mr. Weissman were officials of the American-Israel Public Affairs Committee. They received classified information from Lawrence Franklin, an analyst at the Department of Defense, which they passed on to an Israeli diplomat, and to journalists. They are the first private citizens ever to be prosecuted under the Espionage Act.

Mr. Franklin pled guilty Jan. 20th and was sentenced to more than 12 years in prison, though his sentence could be reduced in exchange for testimony against Mr. Rosen and Mr. Weissman.

Journalists note there is little difference between what Mr. Rosen and Weissman are accused of doing, and what reporters who have published stories based on leaks of classified information have done, and beads of sweat form on their brows. The chickens hatched when journalists demanded a special prosecutor be appointed in the Valerie Plame case are coming home to roost.

Ms. Plame is the wife of Joseph C. Wilson IV, who earned his 15 minutes of fame when he declared President Bush misled Americans when he said Saddam Hussein had tried to buy uranium in Africa.

The CIA sent Mr. Wilson to Niger. Journalists wondered why a strident critic of Mr. Bush had been selected for the mission. They were told by, among others, I. Lewis "Scooter" Libby, then chief of staff to the vice president, that Wilson had been dispatched on the recommendation of his wife, who worked at CIA.

This fueled speculation the Intelligence Identities Protection Act had been violated, since for many years Ms. Plame had worked under cover. Special Prosecutor Patrick Fitzgerald promptly subpoenaed journalists. Judith Miller of the New York Times spent several months in jail before fingering Mr. Libby.

"Some government officials are itching to exploit that investigation as a precedent for using the threat of long jail terms and massive fines to force reporters to finger their confidential sources," wrote Stuart Taylor in the National Journal Feb. 27th.

"There's a tone of gleeful relish is the way they talk about dragging reporters before grand juries," Bill Keller, executive editor of the New York Times, told the Washington Post, which published a lugubrious story about the leak investigations last Sunday.

Two reporters at risk are James Risen of the New York Times, who broke the story of the NSA intercept program, and Dana Priest of the Washington Post, who broke the story of secret CIA prisons in Europe for al Qaida bigwigs. Both relied -- as did Messrs Rosen and Weissman -- on leaks of classified information.

Mr. Risen and his employers may be especially at risk, thanks to the Chicago Tribune.

On June 7th, 1942, the Chicago Tribune published a story revealing the U.S. has advance knowledge of the Japanese assault on Midway Island. The Tribune wasn't prosecuted for this enormous breach of security, for fear of alerting the Japanese, who apparently hadn't noticed their radio codes had been broken. But in 1950, Congress passed a law making it a crime to publish classified information "concerning the communications intelligence activities of the United States."

"What the New York Times has done is nothing less than to compromise the centerpiece of our defensive efforts in the war on terrorism," writes Gabriel Schoenfeld in the current issue of Commentary. "If information about the NSA program had been quietly conveyed to an al Qaida operative on a microdot...there can be no doubt the episode would have been treated by the government as a cut and dried case of espionage. Publishing it for the world to read, the Times has accomplished the same end."

Justice department lawyers think journalists who publish information which damages national security can be prosecuted under the Espionage Act. Case law supports them. In 1985, the Fourth U.S. Circuit Court of Appeals held unanimously the Espionage Act applies to "whoever" transmits national defense information "to a person not entitled to receive it."

But it's more likely prosecutors will use the Plame precedent to get journalists to disclose their sources. The NSA leak investigation is said to be moving rapidly, and to focus on two Democratic senators, Jay Rockefeller of West Virginia and Dick Durbin of Illinois.

If Mr. Rosen and Mr. Weissman are convicted, expect journalistic tongues to loosen.

http://www.realclearpolitics.com/Commentary/com-3_7_06_JKE.html


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Foreign Affairs; Government; News/Current Events; Philosophy; Politics/Elections; War on Terror
KEYWORDS: 1917espionageact; 1942; 194206; 19420607; 1950; 1985; aipac; bleedingheartattack; chicagotribune; danapriest; dickdurbin; durbin; espionage; espionageact; espionageactof1917; franklin; iipa; jamesrisen; jayrockefeller; jimrisen; joewilson; josephcwilson; josephcwilsoniv; josephwilson; keithweissman; larryfranklin; lawrencefranklin; leakaholics; leakers; midway; midwayisland; nationalespionageact; nigerflap; nsainterceptprogram; nsaleaks; nyt; nytimes; plamegame; priest; risen; rockefeller; secretprisons; stevenrosen; steverosen; toast; valerieplame; valeriesplame; washingtonpost; washpo; weissman; wilson
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1 posted on 03/06/2006 9:41:53 PM PST by smoothsailing
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To: smoothsailing

OH!
This is good!

Thank you for posting it.
I think things are going to get very interesting.

Thank you, too, for all of your good finds.
I appreciate all that you do. ;o)


2 posted on 03/06/2006 9:48:18 PM PST by dixiechick2000 (There ought to be one day-- just one-- when there is open season on senators. ~~ Will Rogers)
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To: smoothsailing; HiJinx; Spiff; Da Jerdge; MJY1288; xzins; Calpernia; TEXOKIE; windchime; ...
This is good!!!!!

Don't ya luv Liberals Sweating a Prison Term?!!!


3 posted on 03/06/2006 9:50:48 PM PST by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: dixiechick2000
Aw,shucks,my pleasure,Ma'm! ;o)
4 posted on 03/06/2006 9:54:20 PM PST by smoothsailing
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To: smoothsailing

Excellent news! Thank you for posting!!!


5 posted on 03/06/2006 9:55:37 PM PST by Just A Nobody (NEVER AGAIN - Support our troops. I *LOVE* my attitude problem! Beware the Enemedia.)
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To: smoothsailing
Thank you, thank you, for posting this!! It has made my day (and I don't say that lightly).

Rockyfeller and little Dickie, imagine that!!
6 posted on 03/06/2006 9:56:24 PM PST by singfreedom ("Victory at all costs,.......for without victory there is no survival."--Churchill--that's "Winston")
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To: smoothsailing
"There's a tone of gleeful relish is the way they talk about dragging reporters before grand juries," Bill Keller,"

As well there should be if reporters are receiving and printing classified material. The arrogance of reporters has gotten unbearable.

Thanks for the post, things are starting to get very interesting between this and the Rockefeller, Durbin and Wyden thing.
7 posted on 03/06/2006 9:56:40 PM PST by jazusamo (:Gregory was riled while Hume smiled:)
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To: smoothsailing

To quote Cole Porter:

It's delightful, it's delicious, it's delovely.


8 posted on 03/06/2006 9:59:03 PM PST by TBP
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To: smoothsailing

Bumping this along...


9 posted on 03/06/2006 10:01:15 PM PST by tubebender (Everything I know about computers I learned on Free Republic...)
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To: jazusamo; singfreedom; Justanobody; SandRat
What a great way to head in to Spring on the way to the mid-term elections!

Hopefully we'll be having a lot of popcorn parties around here! ;o)

10 posted on 03/06/2006 10:01:56 PM PST by smoothsailing
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To: smoothsailing
Hopefully we'll be having a lot of popcorn parties around here!

Buy it by the case and let the good times roll! ;*)

11 posted on 03/06/2006 10:03:59 PM PST by Just A Nobody (NEVER AGAIN - Support our troops. I *LOVE* my attitude problem! Beware the Enemedia.)
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To: smoothsailing
"'There's a tone of gleeful relish is the way they talk about dragging reporters before grand juries,' Bill Keller, executive editor of the New York Times, told the Washington Post..."

Aw, what does Mr Keller care? It's not as though his staff has to have any talent to work there - they only have to swear allegiance to the Democrat Party.

Pleeeeeenty more drones at any "journalism school" in the country, Mr Keller.
12 posted on 03/06/2006 10:07:19 PM PST by decal (Whoever said you can't fool all the people all the time has never visited DU...)
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To: smoothsailing

Oh my gosh! I can't wait to see this play out. Thanks a bunch for the heads up.


13 posted on 03/06/2006 10:12:50 PM PST by Shortstop7
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To: smoothsailing
Jay Rockefeller of West Virginia and Dick Durbin of Illinois.

The culture of treason. Has a nice ring to it.

14 posted on 03/06/2006 10:18:16 PM PST by ncountylee (Dead terrorists smell like victory)
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To: TBP
It's delightful, it's delicious, it's delovely.

amen amen amen

15 posted on 03/06/2006 11:05:57 PM PST by maine-iac7 ("...BUT YOU CAN'T FOOL ALL THE PEOPLE ALL THE TIME." Lincoln)
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To: smoothsailing

Two Senators soon to be gone? Republicans have bigger majority in the Senate. (I hope)


16 posted on 03/06/2006 11:07:18 PM PST by fish hawk (TU)
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To: smoothsailing
Bad news for the libs just keeps rolling in

I shudder to think what garbage they'll foist upon us now as a smoke screen - I am grandmother of 15 - so been around a while - NEVER seen such unbridled, corrosive hate as these liberals. any reasoning powers or residual decency they may have had has gone by the wayside.

get you tetanus shots!

17 posted on 03/06/2006 11:13:03 PM PST by maine-iac7 ("...BUT YOU CAN'T FOOL ALL THE PEOPLE ALL THE TIME." Lincoln)
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To: fish hawk

Probably, there are some things that are just unforgivable. These traitors will go down.


18 posted on 03/06/2006 11:20:15 PM PST by scratcher
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To: smoothsailing

I think Joe Biden is involved or he knows for sure these guys did it. I was watching him on CSPAN (I think) not so long ago and he kept trying to down play the damage this leak caused. He looked like he was guilty of something other than being a boneheaded liberal


19 posted on 03/06/2006 11:31:10 PM PST by scratcher
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To: fish hawk
Two Senators soon to be gone?

Are you kidding? Filegate will rear its ugly head once again and GOP senators with something to hide will develop a weak spine when it comes to outing two colleagues.

20 posted on 03/06/2006 11:32:15 PM PST by Rockitz (After all these years, it's still rocket science.)
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