Posted on 05/21/2006 10:41:16 AM PDT by 1066AD
Back to Story - Help US could prosecute reporters for leaks: Gonzales 18 minutes ago
The federal government appears to have the authority to prosecute journalists or newspapers for publishing classified information, U.S. Attorney General Alberto Gonzales said on Sunday.
The Justice Department is investigating who disclosed the government's secret domestic surveillance program to The New York Times, which broke the story in December.
"There are some statutes on the book which, if you read the language carefully, would seem to indicate that that is a possibility," Gonzales said told ABC's "This Week," when asked if the government could prosecute journalists for publishing classified information.
The domestic spying program allows the National Security Agency to eavesdrop on the international phone calls and e-mails of U.S. citizens without first obtaining a warrant, while pursuing al Qaeda suspects.
Critics say the program raises constitutional concerns and violates the Foreign Intelligence Surveillance Act, a 1978 law requiring court warrants for all intelligence-related eavesdropping inside the United States.
Gonzales did not rule out prosecuting the Times or its reporters for publishing the leak.
"We are engaged now in an investigation about what would be the appropriate course of action in that particular case, so I'm not going to talk about it specifically," Gonzales said.
"But as we do in every case, it's a case-by-case evaluation about what the evidence shows us, our interpretation of the law. We have an obligation to enforce the law and to prosecute those who engage in criminal activity," he said.
Gonzales also was asked about a report last week that the government was reviewing the phone records of U.S. journalists without their knowledge.
Two ABC News reporters said on a network Web site that a top federal law enforcement official told ABC the government was tracking phone numbers that the journalists were dialing in a bid to identify confidential sources.
"I think there's misunderstanding about these activities. ... We don't engage in domestic-to-domestic surveillance without a court order," Gonzales said.
"I will say that I understand very much the role that the press plays in our society, the protection under the First Amendment we want to promote and respect, the right of the press. But it can't be the case that that right trumps over the right that Americans would like to see, the ability of the federal government to go after criminal activity," he said.
bump
How about for treason?
Distoring the facts for their own agenda to enable the US's enemies...how about we go after CNN and their ilk for that?
DO IT
Wow. Channeling John McCain?
Talk about a single powerful step, which would bring every single frustrated member of the "base" flying back to Bush's side.
This is potentially more significant than the border issue.
Bush and Gonzales really should.
The test case should have been the Pentagon Papers. The government went after Ellsburg instead. They lost.
Let's Roll! Put a couple of these anti-American pixies in prison and their treasonous comrades will scatter like rabbits.
"Distoring the facts for their own agenda to enable the US's enemies...how about we go after CNN and their ilk for that?"
These people are genuinely evil, but what would we charge them with--legally charge them with?
For violating the First Amendment? How does a private citizen or entity violate the First Amendment?
A Bush Veto is more likely (/sarcasm). More pandering.
Pandering to whom?
I'm not looking to argue, I'm truly interested in how you see it.
Oh yeah. Talking to Georgie Stephynopoolus is real impressive.
Why does he bother to say this rather than do it?
Domestically this administration in long on talk and missing in action.
Wrong answer. The right answer is:
"It is illegal, if not treasonous, to publish officially classified documents -- especially during wartime. We will vigorously prosecute any unauthorized individuals or organizations that disseminate, or aid in the dissemination of, lawfully classified government information."
Treason would be impossible to prove in practice. Espionage
is another matter, though...
"...The truly amazing fact, however, is that also intelligent people and bandits often fail to recognize the power to damage inherent in stupidity. It is extremely difficult to explain why this should happen and one can only remark that when confronted with stupid individuals often intelligent men as well as bandits make the mistake of indulging in feelings of self-complacency and contemptuousness instead of immediately secreting adequate quantities of adrenaline and building up defenses.
"One is tempted to believe that a stupid man will only do harm to himself but this is confusing stupidity with helplessness. On occasion one is tempted to associate oneself with a stupid individual in order to use him for one's own schemes. Such a manoeuvre cannot but have disastrous effects because a) it is based on a complete misunderstanding of the essential nature of stupidity and b) it gives the stupid person added scope for the exercise of his gifts. One may hope to outmanoeuvre the stupid and, up to a point, one may actually do so. But because of the erratic behaviour of the stupid, one cannot foresee all the stupid's actions and reactions and before long one will be pulverized by the unpredictable moves of the stupid partner.
"This is clearly summarized in the Fourth Basic Law which states that:
"Non-stupid people always underestimate the damaging power of stupid individuals. In particular non-stupid people constantly forget that at all times and places and under any circumstances to deal and/or associate with stupid people always turns out to be a costly mistake."
[THE BASIC LAWS OF HUMAN STUPIDITY, by Carlo M. Cipolla]
The Justice Department should start prosecuting the leakers or the Bush Whitehouse should shut the heck up and accept the leaks as legitimate and legal.
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