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WSJ: Jailing Reporters - The press corps unleashed a prosecutor on itself.
opinionjournal.com ^ | July 1, 2005 | Editorial

Posted on 07/01/2005 5:03:49 AM PDT by OESY

...The truth... is that this is a debacle that some in the press corps have brought down upon themselves....

Liberal editorial pages were among the loudest in demanding that a special counsel be appointed to find the leaker. And only many months later, when Ms. Miller was in the dock, did New York Times editorials finally get around to admitting that the leak might not even be a crime. Their partisan loathing for Mr. Bush caused these editors to overlook the risks even to their own reporting self-interest.

They have also left the press more vulnerable than it was before. The First Amendment is nearly absolute in its protection of the right to publish, but it is far less categorical in protecting the news-gathering process. Courts have tried to balance media access to sources and information against other rights (say, to a fair trial) and government needs (such as grand jury probes). Yet the Times fought this current battle as if it were a replay of New York Times v. Sullivan, the famous libel case, only to lose in court. Especially by inviting a 3-0 defeat at the hands of the D.C. Circuit Court of Appeals, the Times has probably left everyone in the media less able to protect sources against future prosecutorial raids. While 31 states have so-called "shield laws" protecting source disclosure, the federal government does not.

In explaining his decision to turn over Mr. Cooper's notes, Time Editor in Chief Norman Pearlstine said, "Once the [Supreme] Court denied cert., I decided we aren't above the law." We admire Ms. Miller for her willingness to go to jail to honor a personal promise to a source. But a journalistic institution has a duty not to be cavalier about its reporter's freedom, much less the rule of law.

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


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Foreign Affairs; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: cia; firstamendment; josephwilson; judithmiller; justicedepartment; matthewcooper; mediaschadenfreude; newyorktimes; normanpearlstine; patrickfitzgerald; plame; specialprosecutor; sulllivan; timemagazine
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What part of "hoisted on one's own petard" do they not understand?
1 posted on 07/01/2005 5:04:02 AM PDT by OESY
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To: OESY

for later reading


2 posted on 07/01/2005 5:06:09 AM PDT by queenkathy ("Eat a live toad first thing in the morning. Nothing worse can happen to you for the rest of the day)
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To: OESY

Those petards have a way of getting you in the end.


3 posted on 07/01/2005 5:06:51 AM PDT by speedy
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To: OESY

Well, well, well... Guess we'll soon know who this Deeper Throat is, or should their nickname be Deep Doo Doo?


4 posted on 07/01/2005 5:09:51 AM PDT by demkicker (A skunk sat on a stump; the stump thunk the skunk stunk; the skunk thunk the stump stunk.)
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To: OESY

I love it when a plan comes together.


5 posted on 07/01/2005 5:11:47 AM PDT by ILS21R
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To: OESY

It makes my day just to watch the NY Times squirm.


6 posted on 07/01/2005 5:11:55 AM PDT by Edit35
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To: demkicker

"...Guess we'll son know who this Deeper Throat is,..."

I hope it was her husband.


7 posted on 07/01/2005 5:14:03 AM PDT by Americanexpat (A strong democracy through citizen oversight.)
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To: OESY

I never thought of that, but they did bring it on themselves.

If they had let sleeping dogs lie they would have gotten away clean, But noooooo they had to keep pushing. Its kinda funny.


8 posted on 07/01/2005 5:14:49 AM PDT by sgtbono2002
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To: MojoWire
"Once the [Supreme] Court denied cert., I decided we aren't above the law."
In other words before the Court denied cert.....we were above the law!
9 posted on 07/01/2005 5:15:48 AM PDT by stocksthatgoup (Polls = Proof that when the MSM want your opinion they will give it to you.)
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To: Americanexpat
I hope it was her husband.

Now that would be just toooooo delicious! Thanks for putting a smile on my face this morning. I needed one!

10 posted on 07/01/2005 5:16:15 AM PDT by demkicker (A skunk sat on a stump; the stump thunk the skunk stunk; the skunk thunk the stump stunk.)
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To: OESY
My gut tells me the leaker is Joe Wilson.

Probably just the conspiracy theorist within me.
11 posted on 07/01/2005 5:18:29 AM PDT by HEY4QDEMS
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To: OESY
"Jailing Reporters"

This is acceptable. :-)

12 posted on 07/01/2005 5:18:58 AM PDT by verity (Big Dick Durbin is still a POS)
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To: Americanexpat

By now, the notes will have been edited themselves, so reflect the disclosure by a dead freeper...any one want to bet?


13 posted on 07/01/2005 5:24:08 AM PDT by LachlanMinnesota
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To: OESY

The presstitutes should have remembered to be careful what they wished for...


14 posted on 07/01/2005 5:25:57 AM PDT by Texan5 (You've got to saddle up your boys, you've got to draw a hard line..)
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To: HEY4QDEMS

I just hope the name comes out in the near future.

Since the Lefties were particularly rabid about how Rove and Rumsfeld had engineered this supposed "outing" of Plame, it would be nice to see who really did it. And your conjecture is high on my list, too.


15 posted on 07/01/2005 5:31:26 AM PDT by FreedomPoster (This space intentionally blank) (NRA)
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To: OESY
lol ~ I've a splitting sinus headache this morning (I accidental went to bed without my allergy medicine) and when I read your comment I could not for the life of me think of the meaning of the word "petard". So I decided to quickly look it up ~ when I read the entire definition from Answers.com I about snorted coffee out my nose! LOL


pe·tard
n.

1. A small bell-shaped bomb used to breach a gate or wall.
2. A loud firecracker.

[French pétard, from Old French, from peter, to break wind, from pet, a breaking of wind, from Latin p?ditum, from neuter past participle of p?dere, to break wind.]

WORD HISTORY The French used pétard, “a loud discharge of intestinal gas,” for a kind of infernal engine for blasting through the gates of a city. “To be hoist by one's own petard,” a now proverbial phrase apparently originating with Shakespeare's Hamlet (around 1604) not long after the word entered English (around 1598), means “to blow oneself up with one's own bomb, be undone by one's own devices.” The French noun pet, “fart,” developed regularly from the Latin noun p?ditum, from the Indo-European root *pezd–, “fart.”

16 posted on 07/01/2005 5:33:54 AM PDT by Zacs Mom (Proud wife of a Marine! ... and purveyor of "rampant, unedited dialogue")
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To: OESY

Who says God doesn't have a sense of humor. :>)


17 posted on 07/01/2005 5:34:00 AM PDT by conservativecorner
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To: OESY

How does Karl Rove do it???!!!


18 posted on 07/01/2005 5:36:56 AM PDT by LiberationIT (If at first you don't succeed, give up skydiving)
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To: OESY
Actually I think all most 'journalists' should be jailed - and just for the hell of it.
19 posted on 07/01/2005 5:37:41 AM PDT by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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To: HEY4QDEMS
My gut tells me the leaker is Joe Wilson.

One could only hope.

20 posted on 07/01/2005 5:43:55 AM PDT by sausageseller (Look out for the jackbooted spelling police. There! Everywhere!(revised cause the "man" accosted me!)
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