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Leaks and the Law [The case for prosecuting the New York Times]
Weekly Standard ^ | 6/23/06 | Gabriel Schoenfeld

Posted on 06/23/2006 11:04:09 PM PDT by bnelson44

CAN JOURNALISTS REALLY BE PROSECUTED for publishing national security secrets? In the wake of a series of New York Times stories revealing highly sensitive counterterrorism programs, that question is increasingly the talk of newsrooms across the country, and especially one newsroom located on West 43rd Street in Manhattan.

Last December, in the face of a presidential warning that they would compromise ongoing investigations of al Qaeda, the Times revealed the existence of an ultrasecret terrorist surveillance program of the National Security Agency and provided details of how it operated. Now, once again in the face of a presidential warning, the Times has published a front-page article disclosing a highly classified U.S. intelligence program that successfully penetrated the international bank transactions of al Qaeda terrorists.

Although the editors of the Times act as if prosecution is not a possibility, not everyone concurs. One person who is still mulling the matter over is Attorney General Alberto Gonzales. Asked in late May about the prospect of prosecuting the Times and others who publish classified information, he by no means ruled it out. "There are some statutes on the books," he said, "which, if you read the language carefully, would seem to indicate that that is a possibility."

(Excerpt) Read more at weeklystandard.com ...


TOPICS: Front Page News; Government; News/Current Events; War on Terror
KEYWORDS: cia; espionageact; law; leaks; media; mediawatch; nsa; nyt; war; waronterror; yellowjournalism
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To: Jackson Brown
""dealt with" severely"

What we need is to reserve a nice cell for them at Gitmo. They deserve it along with the other enemies of America.
21 posted on 06/24/2006 12:03:18 AM PDT by garjog
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To: bnelson44

bttt


22 posted on 06/24/2006 12:42:27 AM PDT by Christian4Bush (The Rat Party's goal is to END the conflict, not WIN the conflict...should be the other way around.)
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To: 308MBR
Prosecute if they fail to reveal the piece of government trash that let them in on the existence of the program.

Prosecute both. Otherwise, the papers will continue...

"There are some statutes on the books," he said, "which, if you read the language carefully, would seem to indicate that that is a possibility."

So, Gonzales - DO IT! How many more national security secrets need to be spilled before you act!!!

23 posted on 06/24/2006 12:47:04 AM PDT by maine-iac7 (LINCOLN: "...but you can't fool all of the people all of the time>")
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To: pcottraux
Couldn't we only prosecute them if a war had been officially declared? Not sure how that works.

NO.1., National security is in force, war or not.

No 2 - Bush didn't go to war without the approval of Congress - why wouldn't it be a 'war'?

24 posted on 06/24/2006 12:49:40 AM PDT by maine-iac7 (LINCOLN: "...but you can't fool all of the people all of the time>")
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To: Jay Howard Smith
fined not more than $10,000

That needs to be brought up to today's dollars....otherwise, it's moot - 10k is a drop in the bucket, not a deterrent

25 posted on 06/24/2006 12:52:32 AM PDT by maine-iac7 (LINCOLN: "...but you can't fool all of the people all of the time>")
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To: 308MBR

I think all you guys are going at this the wrong way. First..you should declare that any information within the NY Times is fair game, and proceed to hack into their server...this includes subscription info...employee info...etc. Second, you declare that the private lives of the reporters are now public knowledge and proceed to follow these guys and report via blogs what they are actually doing. If they are spending 3 hours every Thursday at Madam Lesley's apartment...then the public ought to get that info. Third...in terms of finanical gains and losses....its time to hack into their info and protray the actual finanical bottom line on the newspaper.

After a month of blogging this info and declaring nothing secret about the Times...they will start to fall back and regroup. They won't like having their private business hung in the sunshine or their personal lives displayed. And if this works so well with them...then we move onto Newsweek and Time. They all deserve a taste of reality.


26 posted on 06/24/2006 12:55:25 AM PDT by pepsionice
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To: bnelson44

I want them locked up, driven into bankruptcy, including the loss of all personal assets and much, much worse.

We can't win the WoT until we deal with these traitors!!


27 posted on 06/24/2006 1:36:42 AM PDT by Gator113
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To: pepsionice
Second, you declare that the private lives of the reporters are now public knowledge and proceed to follow these guys and report via blogs what they are actually doing. If they are spending 3 hours every Thursday at Madam Lesley's apartment

And state the reports with the most self righteous, pious attitude that you can put on, that the "public has a right to know who and what these people are. That the public demands it!"

28 posted on 06/24/2006 2:47:38 AM PDT by AmericaUnited
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To: bnelson44

29 posted on 06/24/2006 3:50:47 AM PDT by SkyPilot
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To: bnelson44

BTTT


30 posted on 06/24/2006 3:57:29 AM PDT by SE Mom (Proud mom of an Iraq war combat vet)
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To: SE Mom

Am I the only one that thinks this was a trap that the NYT walked into? More fireworks to follow.


31 posted on 06/24/2006 4:14:18 AM PDT by patj
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To: bnelson44
Question for the NYT's advertisers: Do you really want to aid and abet treason?
32 posted on 06/24/2006 4:17:12 AM PDT by mewzilla (Property must be secured or liberty cannot exist. John Adams)
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To: M1911A1
I am just sick about this. Why the heck was I in OIF? So the NY Times could sell me and my buddies out for "the public interest"?

I can't even tell you how down I am about this. So long as the government is going to slink away every time the NYT invokes the words 'public interest', we're screwed.

Every disgruntled or morally flexible worker in every classified program out there has a chance to take revenge against the system by selling out in a way that would be a death penalty case if he did it to a foreign government. What's worse is that the effect is the same, but instead of having to fear for his neck, he's lauded as a brave whistleblower and protected by the media establishment.

And the government sits by and watches helplessly.

If there's no penalty, and lots of gain, expect people to do it. If the government doesn't have the stones to stand up and take action against these people, I'd just as soon they stop crying about the leaks altogether.

33 posted on 06/24/2006 4:25:08 AM PDT by Steel Wolf (- Islam will never survive being laughed at. -)
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To: Brad from Tennessee
I was just sitting here thinking about that...how would that work?

Would we sue them for some type of negligence?

I for one am to the point if our federal government won't enforce the laws again, I want to citizens to act. Protests etc. don't seem to phase them, letters to Congress doesn't move our representatives, Gonzales acts as if his hands are tied...well this is America right?

As a citizen my grievance over the failure of the government to protect national security secrets and the Times negligence at publishing them...? I've got have some sort of recourse somewhere? At least to put them on notice that their behaviors are dangerous etc.
34 posted on 06/24/2006 4:25:18 AM PDT by EBH (We're too PC to understand WAR has been declared upon us and the enemy is within.)
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To: maine-iac7
So, Gonzales - DO IT! How many more national security secrets need to be spilled before you act!!!

He'd better hurry. We only have three left.

35 posted on 06/24/2006 4:27:35 AM PDT by Steel Wolf (- Islam will never survive being laughed at. -)
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To: mewzilla

Wasn't Howard Dean throwing a hissy fit about Rove not being indicted last week? I seem to remember him complaining about leaking "National Security information during a time of war"

They need to do a better job of punishing these people...Still no frogmarching from the NSA leaks!


36 posted on 06/24/2006 4:29:03 AM PDT by Wristpin ("The Yankees announce plan to buy every player in Baseball....")
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To: EBH

Correspondence to the Department, including the Attorney General, may be sent to:

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

BY E-MAIL:

E-mails to the Department of Justice, including the Attorney General, may be sent to AskDOJ@usdoj.gov.


37 posted on 06/24/2006 4:31:07 AM PDT by EBH (We're too PC to understand WAR has been declared upon us and the enemy is within.)
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To: Steel Wolf
If there's no penalty, and lots of gain, expect people to do it. If the government doesn't have the stones to stand up and take action against these people, I'd just as soon they stop crying about the leaks altogether.

Best post of the thread. And you're right - either do something about it or shut up...

38 posted on 06/24/2006 4:31:32 AM PDT by Fury
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To: Steel Wolf

I think the Times article quotes 20 anonymous sources in the Gov for this info.......that's 20 traitors in the Gov alone and not counting the traitors at the Times...


39 posted on 06/24/2006 4:32:44 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: bnelson44
the libs and the lamestream press are doing everything in their power to defeat the US. Very soon now I expect them to jump the shark and expose their purpose for everyone to see.

Its inevitable.

40 posted on 06/24/2006 4:36:55 AM PDT by Pietro
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