Freedom of the press

In a column published in USA Today, Jonathan Turley is feeling a little cranky about the Justice Department investigating reporters; he even calls, in the headline, for the firing of Attorney General Eric Holder.

Turley is a very smart, highly educated man. This doesn't stop him from being wrong. Not completely wrong, I'll admit; but he is arguably incorrect in the larger sense here.

Turley's point, at its center, is that Holder approved the search of email and phone records for Fox "News" reporter James Rosen and (Turley mentions in passing) the Associated Press. Turley holds to the idea that a "free press," as delineated in the Constitution, is vital.

And he does make a point. It was a free press that showed Nixon as the abusive, power-hungry paranoid that he was. It is a free press that turns up scandals and crimes that are otherwise hidden from sight.

But what Turley is missing is that, just like free speech, a free press has limits. Or, to be more accurate, it has consequences: Turley and the AP both have the right to report on whatever they find, but they both have to take responsibility for any repercussions that might occur due to their reporting.

See, with Fox, the Justice Department got a search warrant from a federal judge, which gave them the opportunity to thumb through Rosen's phone records and email. And all because Rosen had reported on missile tests in North Korea; these tests were conducted as a response to the UN Security Council's condemnation of North Korea's bat-shit insane leader's nuclear aspirations. And Rosen learned all this from leaks of classified information which came from Stephen Kim, who has since been fired from the State Department.

North Korea is a notoriously paranoid and insular country, and the classified leaks allowed the North Koreans to cut off one of our few sources of intelligence from inside their borders.

The Associated Press story is a little more complicated, mostly because of the overblown hyperbole used by the AP in defense of their people. The AP published a story about a foiled bomb plot, and their story revealed the identity of a Saudi spy who'd been inserted into notoriously terrorist-friendly Yemen.

The Justice Department once again got a search warrant, as they should, and they used it to subpoena phone records from an editor and six reporters (including the Washington bureau chief, Sally Buzbee). Those seven people, though, used phones out in the common area of the AP news room which were used by every reporter who passed through the bureau; this allowed AP Executive Editor Kathleen Carroll to claim that the news service is "shocked" by what happened, and that the Justice Department cast a "very broad net" which pulled in AP operations "that have, as far as I know, no particular connection to the story that they seem to be investigating."

Sorry, lady, that's the way investigation works. To pull out the gold nuggets, sometimes you have to pan through a lot of pebbles. You'd probably know this if the AP did any actual investigation these days, instead of just stenography of other people's talking points.

Thanks to these two stories, we've lost access to one of the few available sources of information on the nuclear aspirations of a raving madman, and to a spy embedded in a terrorist cell.

And that's the real scandal.

Waiter, there's a terrorist in my tea.

"In a free society we're supposed to know the truth. In a society where truth becomes treason, then we're in big trouble. And now, people who are revealing the truth are getting into trouble for it."

-Ron Paul-

What is it about Florida? Is it as Frank Lloyd Wright once said, that since it's the lowest point on the map of the US, everything loose wound up down here?

We may be no more fatuous than the Rest of the country in blabbering about our "freedom" and how everyone in the world is jealous of it and how every military exploit is about freedom and every casualty is a sacrifice for freedom and that this freedom is the result of our foreign wars rather than our constitutional law, but we sure look strange to that supposedly jealous planet when we agitate that more and more of it be taken away from us -- in the name of freedom.

Speaking of loose things floating around in the bilges of America, Florida Representative elect Allen West, soon to represent the 22nd district, who identifies with that nebulous assemblage of misfits and nitwits called the Tea Party, seems to be all in favor of censoring the press despite all his tea soaked and treacly rhetoric about constitutional restraints on government power.

" . . . I think that we also should be censoring the American news agencies which enabled him to do this and also supported him and applauding him [Julian Assenge] for the efforts. So that's kind of aiding and abetting of a serious crime."

No, he's not talking about reporting troop positions or exposing covert agents, he's talking about embarrassing the administration as "a serious crime." That's the same administration Tea Party folks have been waving guns at and making threats at and calling tyrannical, Marxist and illegal.

Yes, it's been all too hard for most of us to tell exactly what message the Tea Party people are bringing to the party, and this message of government for government's sake; government by, for and of the Executive branch and military authority and damn the constitution, smells more like plain old exaggerated nationalism and authoritarianism than tea.

One of the ways "the terrorists" won, is that domestic authoritarians posing as libertarians can simply identify anything that threatens them: things like the truth, for instance, as "Terrorism" and make it a crime. Things like identifying high crimes and high criminals and the kind of lies and manipulations of truth that get people killed and bankrupt economies. Revealing a crime; a politically motivated burglary, for example, becomes, by the logic of Tea, "aiding and abetting a serious crime" and "terrorism" while actually aiding and abetting by hiding it or obstructing justice becomes. . . what, freedom?

Is West a moderate compared to Uncle Mike Huckabee who demands summary execution for Assenge? Palin, Gingrich, Mitch McConnell and even CNN are calling him a "terrorist" and telling us not only that we can't handle the truth - we don't deserve it and the government doesn't owe it to us. It's all about freedom of course - and all of this from people calling Obama a "tyrant." So whatever the Tea party is selling, I think we can dispense with the idea that it has anything to do with less powerful government, a government restrained by law; anything to do with a government of the people, responsible to the people and most of all, anything to do with freedom other than to garble it's meaning.

Boiling the Tea kettle

"The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government."

-US Supreme Court Justices Hugo Black and William Douglas-

Anyone in the US with more political awareness than a telephone pole knows that there's a whole lot of loosely related and sometimes contradictory stuff hidden under the camouflage blanket of "we're for smaller, less intrusive government," including the somewhat contrary and certainly not Libertarian opinion that that government may, at its own discretion, hide its actions, its statements and defend its deceptions and coverups, making the exercise of protected rights a crime. That so many who feel concern about paternalistic government can none the less defend it passionately and thus sanctify subterfuge is puzzling. That members of that government can ask that we treat the media and its sources as traitors and terrorists with all the extra-legal powers it possesses, is hardly puzzling at all. That the need to cover its ass supersedes any respect for the Constitution it pretends to worship: that government can be in terror of being exposed, hardly makes the case, in my opinion, for Terrorism. Perhaps the test of being a true and loyal Republican is not to think of Richard Nixon at this point.

So how do we feel about Wikileaks release of leaked State Department documents yesterday? Well at least one Republican congressman recommends that we move that organization under another one of those capacious and convenient camo blankets: the one we call terrorism, or 'terrism' in the dialect spoken by a great number of self-styled conservatives. So, by the gerrymandering of ill-defined symbols, we manage to expose -- or at least the horrifically hyperbolic Rep. Peter King (R-NY) hopes to expose Wikileaks and perhaps anyone revealing that which slithers through the wires to and from Washington, to the dire and drastic treatment we afford "foreign terrorist organizations." To expose embarrassing diplomatic cables showing many world leaders at their scurrilous antics, is "worse than a military attack" he said last night.

King, says CBS News, New York, has written to Secretary of State Hillary Clinton and Attorney General Eric Holder asking that Julian Assange of Wikileaks be prosecuted as a spy for publishing 'sensitive' information given him by a whistleblowing soldier, even though that's what the mainstream media does, is supposed to do and the Court has affirmed their constitutional right to do.

It will be interesting to see the Tea Party reaction to this -- if there is one. They'll be torn between maintaining support for the First Amendment and the role of a free press and the treasured myth of its untrustworthy liberal bias. I'd like to think that it might increase pressure to actually define what they mean by a smaller, less intrusive and more limited government, but as they say - a watched teapot never boils.