Justice Department's Pursuit of AP Phone Records Is Both Extreme And Dangerous
By Glenn Greenwald /5/14/2013
Associated Press on Monday revealed that the Department of Justice (DOJ) "secretly obtained two months of telephone records of [its] reporters and editors," denouncing it as a "massive and unprecedented intrusion" into the news gathering process. In a letter sent yesterday to Attorney General Eric Holder, AP's President, Gary Pruitt, detailed that the phone records cover more than 20 telephone lines used by AP journalists, including their homes, offices and cell phones. He said the phones for which the DOJ obtained records also include ones at the AP bureaus in New York City, Washington DC, Hartford, and at the House of Representatives.
Pruitt wrote that "we regard this action by the Department of Justice as a serious interference with AP's constitutional rights to gather and report the news." He added that while AP is "evaluating its options," he "urgently request[ed]" that the DOJ "immediately return to the AP the telephone toll records" obtained by the DOJ "and destroy all copies."
AP learned of the DOJ's acquisition of these records only after the fact, and thus had no opportunity to raise legal and constitutional objections nor attempt to negotiate to narrow the scope of the records to be sought. Pruitt's letter uses some inflammatory language as it is designed to advance the AP's case and to generate public anger, but that's entirely appropriate. The phone records reveal, at a minimum, all of the telephone numbers called by those AP journalists over the course of two months.
The ACLU last night condemned the DOJ's acts as "press intimidation" and said it constitutes "an unacceptable abuse of power." The Electronic Frontier Foundation denounced it as "a terrible blow against the freedom of the press and the ability of reporters to investigate and report the news." The New York Times' Editorial Page Editor Andy Rosenthal called the DOJ's actions "outrageous" while Washington Post Executive Editor Marty Baron said they were "shocking" and "disturbing." Even Democratic Sen. Pat Leahy, chairman of the Senate Judiciary Committee, said: "I am very troubled by these allegations and want to hear the government's explanation."
snip
The all-too-familiar axis that has enabled massive civil liberties assaults by the Obama administration -- blindly partisan progressive media outlets and particularly obsequious self-styled neutral journalists -- instantly sprung into action here and wasted no time jumping to the defense of the US government. TPM's Josh Marshall, while saying "there's still a very live question of whether this was a prudent action on the part of the DOJ," actually published an anonymous letter depicting the Obama DOJ as the victim here, saying AP "seeks to smear Justice" (in the annals of lowly journalistic behavior, printing anonymous emails defending the US government's surveillance actions and attacking targeted journalists is way down in the sewer, but that's the government-defending Josh Marshall in the Age of Obama).
Similarly: before most people had even learned of the story, Think Progress purported to explain "Why The Department Of Justice Is Going After The Associated Press' Records" and, of course, offered the most benign and generous interpretation possible: they only did it to find out who is responsible for an "unauthorized and dangerous disclosure of classified information," quoting CIA Director John Brennan (offering instant "explainers" for even the most dubious of Obama administration actions is its typical tactic).
Some progressives actually tried to blame Republicans for the Obama DOJ's conduct because the GOP largely voted against the codification of some added protections for journalists from DOJ record-gathering in a proposed "shield law". But Obama, who supported those protections when he was in the Senate, "reversed course" when he was president - that could easily be the motto of his presidency -- and it was his opposition that helped kill that bill.
Meanwhile, CNN's Wolf Blitzer, showing off the tough adversarial journalistic spirit for which he's so rightly celebrated, actually went on the air and said this:
"Although if you look it from the other side, if there was a serious leak about an al-Qaida operation or whatever, they're trying to find out who may be leaking this information to the news media, do they occasionally have the right to secretly monitor our phone calls?"
Can you imagine what it's like to be an Obama official and -- in the wake of these revelations -- sit back and watch one of the nation's most celebrated journalists instantly suggest that the perhaps the US government should be monitoring his phone calls with his sources? Or watch progressives who spent the Bush years shrieking and convulsing at every story of secret Bush surveillance actions instantly attempt to justify what you've done before you've even done so yourself? And can you imagine the personality attributes that cause someone to read a story about a massive intrusion into journalists' communications with their sources and have your first instinct be to attack the targeted journalists and defend the US government?
That is why this is permitted to happen. During the Bush years, there were several similar reports of DOJ acquisition of journalists' phone records: I'll wager anything that not a single progressive site or prominent Democrat ever defended any of that or offered neutral "explainers" to provide justifying rationale. And it's hard to express how lame the justifying rationale is. The Obama administration does not mind leaks of classified national security information; to the contrary, they love such leaks and are the most prolific exploiters of them. What they dislike are leaks that they don't approve and/or which don't glorify the president. Their unprecedented attacks on whistleblowers ensures that only the White House but nobody else can disclose classified information to the public, which is another way of saying that they seek to seize the ultimate propaganda model whereby the president -- and he alone -- controls the flow of information to the public. That's what their very selective and self-serving war on leaks achieves.
It is true, as Kevin Drum suggests, that the DOJ has been obtaining phone records for quite some time in this manner, and that the angry reactions to this story are accounted for by the fact that, in this case, the targets are establishment journalists rather than marginalized Muslims or dissident groups. But there are unique dangers from having the government intrude into journalists' communications with their sources, which is what happens when they obtain their phone records in such a sweeping manner. At this point, leaks from government sources are the primary way we learn about what the government does, and the more that process is targeted and the more those involved are intimidated, the less it will happen. That, of course, is the point.
Despite how stunning the breadth of this invasion is, none of it is really surprising. But it does underscore just how extreme of a climate of fear has been deliberately imposed by the Obama administration on the news gathering process. As the New Yorker's Jane Mayer told whistleblower advocate Jesselyn Radack last year:
"When our sources are prosecuted, the news-gathering process is criminalized, so it's incumbent upon all journalists to speak up."
What the Obama DOJ is doing in all of these cases is not just an attack on investigative journalists and their sources, though it is that. It is, first and foremost, an attack on you: specifically on your ability to know what government officials are doing in the dark.
end of excerpt.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Seems everyday we see more proof of the corrupting power of politics. Thankfully, there are still journalists like Glenn Greenwald and Jeremy Scahill who cover these stories based on facts and principle and not partisanship. Just how many scandals is Holder involved in at this point? Imagine, they take the phone records of private citizens and let the real thieves and crooks, Wall Street Bankers get away with their economic terrorism with impunity.