Leaks and the Law [The case for prosecuting the New York Times]

Weekly Standard ^ | 6/23/06 | Gabriel Schoenfeld

[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."

[sageb1]

"The one person we have heard zip from lately is Rockefeller. (I think). He was so verbal about the NSA spying, it makes me wonder if he is under investigation."

I heard he was sick, but I wonder if that's simply a cover story. He hasn't cast a vote, as far as I know, since the Senate returned from break at the end of March and I'm wondering the same thing you are.

[Just Lori]

Can you IMAGINE what would have become of this "not even worthy to wrap fish" publication 50 years ago? I don't know how we got to this point, but it's time for a U-turn!