Media groups concerned by Justice Dept. investigation of CIA leak; prepared to oppose subpoenas

Associated Press ^ | 09-30-03

[Brian S]

Media organizations prepared Tuesday to oppose any efforts by the Justice Department to subpoena journalists and their notes to learn who leaked the identity of an undercover CIA agent to columnist Robert Novak.

Subpoenas could be challenged on the basis of First Amendment guarantees of freedom of the press, said Bill Felber, editor of The Manhattan (Kan.) Mercury and freedom of information chairman for the Associated Press Managing Editors. But they could also be challenged, he said, if they were too broad or if the information could be obtained in other ways.

[livius]

As Alice in Wonderland said, "curiouser and curiouser."

I think this is going to blow up in their faces big time. I can hardly wait...

[Rome2000]

"Leak investigations themselves invariably fail," Abrams said. "Sources rarely come forward to acknowledge that they provided information and journalists never do."

Only true in the USA.

I guess Ashcroft isn't the tyrant the com symps make him out to be after all.

[cwb]

You're a bad influence:)

[Havoc]

freedom of the press does not allow the press to invoke fighting words like shouting "bomb" in a building. It gives them no cover for sedition, libel, fraud, and the like. It gives them no protection as accessories to the fact and after the fact in outing a Cia operative in the press. Given they'd like to barbeque the administration, there is no reason not to name names. That they haven't credibly done so should tell us all something. At any rate, I'd put it to the press that they are accessories and as many of them as need be will be jailed for breach of national security and prosecuted to the furthest extent of the law - and they will sing or face anything else that can be piled on.

[Grampa Dave]

Isn't this fun now versus early yesterday!

[Michael Barnes]

Ping the admin moderator. They keep track of who imputs key words.

No they don't, or I would have been shafted a looooong time ago. ;)

Oh, and it wasn't me this time.

[Mo1]

BAWAHAHAHA .. Priceless ..

[cwb]

These Wilson threads are certainly turning out to be long and lively.

[piasa]

APRIL 2003 early : (EPIC aka "EDUCATION FOR PEACE IN IRAQ CENTER: LAUNCHES PETITION DRIVE TO TRY TO KEEP FUNDING FOR IRAQ HUMANITARIAN AID AND RECONSTRUCTION OUT OF THE HANDS OF THE US MILITARY - AND INTO THE HANDS OF THE STATE DEPARTMENT ) Another group, the Education for Peace in Iraq Center (EPIC) this week launched the latest of numerous online petition drives, calling on their supporters to flood Congress with e-mails calling on legislators keep funding for Iraq humanitarian and reconstruction out of the hands the US military. "The State Department, in partnership with the UN and our allies, is the appropriate authority for US funds related to post-war Iraq," EPIC said in an action email sent to supporters. - Source : Agence France-Presse, April 10, 2003

(* My note : EPIC was created by Erik Gustafson in 1998,)

Erik Gustafson is a veteran of the Gulf War and founder of the Education for Peace in Iraq Center (EPIC). In 1997 and 2000, he witnessed firsthand Iraq's humanitarian crisis. In 1998, he founded EPIC, an organization that works to improve humanitarian conditions and human rights in Iraq. He has testified at congressional briefings, policy forums and has delivered lectures across North America on Iraq. His letters and opinion pieces have appeared in The New York Times, LA Times and USA Today ) - Source : "EPIC 2003 Iraq Forum Online," EPIC website

MAY 23, 2003 : (FORMER AMBASSADOR WILSON DONATES TO DEMOCRAT JOHN KERRY'S PRESIDENTIAL CAMPAIGN) Wilson, Joseph C 5/23/2003 $1,000.00 Washington, DC 20007 JC Wilson International Ventures/Bu -[Contribution] JOHN KERRY FOR PRESIDENT INC.- From Drudgereport - 404 posted on 09/29/2003 4:42 PM PDT by NYC Republican

JUNE 14, 2003 : (WASHINGTON, DC : EPIC : IRAQ FORUM EVENING KEYNOTE LECTURE "A STATE OF THE MOVEMENT ADDRESS" BY RAY MCGOVERN OF THE GROUP "VETERAN INTELLIGENCE PROFESSIONS FOR SANITY" AND FORMER AMBASSADOR WILSON)- Source : "EPIC 2003 Iraq Forum Online," EPIC website

[dogbyte12]

Who are the freeper lawyers?

I am not a lawyer, and I don't play one on tv, but from what I understand of the Supreme Court ruling, the reporters are protected only to a certain extent. The investigators are to use all other channels to investigate the story. Once that is exhausted, they can call in the reporter and try to compel them to testify. A judge at that point will rule if the evidence supports a crime being committed and the reporter having factual knowledge of the crime. At that point a judge can make the person testify or go to jail. Most journalists do go to jail, but then after a couple weeks, the judge lets them out.

This is a unique case, involving CIA/National Security. So, I don't know if Novak, or the other 2 Newsday reporters would be let out of jail at that point. I think this will come down to this. How serious is Novak? I think the only one to go to jail will probably be him, unless he gives it up.

[Midwestguy]

You have to love how the press is being typically hypocritical over this!! But to answer your question, the Supreme Ct. first ruled in Branzburg v. Hayes that reporters do not have an absolute First Amend. right to refuse to disclose their sources. Without getting too legalese the Hayes decision was a 5-4 ruling with Justice Powell wrote an concurring opinion (but still joined into the majority) which talked about a balancing test. Subsequently, a number of Courts (including the D.C. Circuit, which would most likely hear any challenges to subpoenas issued in this matter) has looked to Powell's concurring opinion as the precedent to follow. Even under the balancing test, the reporters should be made to name their sources if subpoenaed by a Fed. Grand Jury. Interestingly, the "media" spokespeople quoted in the article above are already trying to expand the scope of Powell's concurrence. The parts where they keep mentioning "exhausting all other remedies" applies in civil cases such as libel, etc. Hope this explains a bit.

[Admin Moderator]

Thanks again. The keyword troll has been nuked, so has his other account. He was a sneaky one.

[Chad Fairbanks]

They are getting creative...

[piasa]

Note that EPIC, the group Wilson is associated with, participated in protests organized by Ramsey Clark's A.N.S.W.E.R.

[Dog]

Thanks!

[Pubbie]

"When a man turns that fast, one of the first possibilities is that he has been compromised."

If Wilson knows who REALLY leaked to Novak and what the REAL reason of his Niger "Investigation" is, I fully expect a spectacular Arkancide is in the cards...

[mystery-ak]

This is rich....let the investigation begin....the rats aren't used to people cooperating with an investigation...their MO is to deny, delay and obstruct.

[ItisaReligionofPeace]

Actually, if he reveals the source it will take away the ammo against Bush. That's why they are fighting it.

[Admin Moderator]

Yes they are. I really appreciate the heads up. We wouldn't have noticed it otherwise.
Hit abuse next time, we see that sooner.
Again, thanks!

[Grampa Dave]

They love to go jail on situations like this to become heroes of their fellow mediots.

Also, if they are lying as many of us think that they have been, they would probably prefer some jail time instead of admitting that they lied.

Actually, I don't think that any real crime happened besides their lies and bs in the attempt to electronically lynch Rove and GW. Plame was not an agent nor a critical operator for the farm.

However, all of those involved will have stock on a big supply of Depends for the next few months.