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Freedom of the Press?

NEWS: The Bush administration's preoccupation with serving reporters with subpoenas could have long-lasting effects beyond Washington.

September/October 2008 Issue


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James Risen should know a thing or two about government spying on Americans. Three years ago he, along with New York Times colleague Eric Lichtblau, exposed the Bush administration's warrantless wiretapping program. Today he finds himself a subject of one of the Bush administration's leak investigations—and, ironically, what he suspects is a warrantless effort to trace his communications with sources.

This past January Risen got a subpoena demanding that he appear before a grand jury convened by the US Attorney in Alexandria, Virginia, to testify about the identity of the sources for a chapter in his 2006 book, State of War, dealing with cia operations against Iran. (He hasn't testified, and his refusal to cooperate could land him in jail.) "One of the great ironies is that I may be the only one who has to go to jail out of all this," Risen told me, "while Congress is trying to give immunity to the telephone companies."

Contacts of his have also been called to testify: "The intimidation begins with the document itself," says one who asked to remain anonymous. "'You are commanded to appear'—that will get your attention. It's delivered by a couple fbi guys. The trick is, too, they can impoverish you. You should expect to pay minimum 10 grand" for the lawyer needed to prepare for a grand jury appearance.

How did Justice track down Risen's contacts? Those who appeared before the grand jury were shown what they were told were Risen's phone records—even though neither Risen nor his newspaper have actually been subpoenaed for those records. Risen and the Times suspect that the government is monitoring Risen's communications using some other means, perhaps a "pen register" device that records the numbers called from a particular phone. A pen register does not require a warrant (though it requires approval by a judge).

The Bush administration's preoccupation with journalists and their sources may have long-lasting effects beyond Washington. Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, notes that a 2007 study found that news outlets around the country have seen a fivefold increase since 2001 in the number of subpoenas seeking information on confidential sources. Press freedom advocates have been pushing a federal shield law for journalists (a version passed in the House and at press time another was pending in the Senate). But the measure has a national security exception that could leave the likes of Risen and Lichtblau unprotected—and Bush has vowed to veto it if it passes.

Laura Rozen is national security correspondent at Mother Jones.


 

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Comments:

We have been marching towards a theocratic police state for a long time and now with election fraud, we have arrived.The arresting of peaceful reporters is just another step down towards a fascist, theocratic police state.
The constitution, " elections" the bill of rights and the "free" press" is DEAD.
Posted by:sheila chambersSeptember 5, 2008 4:20:21 PMRespond ^
Subpoena what is that? No one in the Bush administration pays attention to one of in the McCain/Palin campaign so the rest of America will just follow suit. We don't cooperate with any subpoena!!!
Posted by:luckyboySeptember 26, 2008 9:16:31 AMRespond ^
i really an truely heart barak oboma!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Posted by:Taniyah HolmesSeptember 29, 2008 2:49:41 PMRespond ^
u sukk balls!!!
Posted by:jonesOctober 6, 2008 8:07:21 PMRespond ^
It's way past time to issue subpoenas for Bush, Cheney, Rice, Rumsfeld, et al, and to put impeachment back on the table. I know I'm harping on this subject, but they have violated so many precepts of our Constitution and distorted the concept of justice in this country to such an extent, not to mention the murder of our soldiers, the torture at Gitmo, and probably 9/11, I can't help but continue to ask that they be impeached and prosecuted to the full extent of the law. Please, Congress, DO SOMETHING!
Posted by:FloridatexanNovember 10, 2008 12:41:08 PMRespond ^
I'm with you all the way floridatexan.
Posted by:tokru2November 10, 2008 2:44:35 PMRespond ^
But dang how much more is justice going to be raped before Jan.20,2009? (PS CAN THE bush administration get my URL?)
Posted by:Scared to give my nameNovember 10, 2008 4:05:26 PMRespond ^
First, they came for the Muslims, and I didn't speak-up, because I wasn't a Muslim.

Then they came for immigrants, detaining them indefinitly, solely on the certification of the Attorney General, and I didn't speak-up, because I wasn't an immigrant.

Then they came to enter homes and offices for unannounced "sneak-and-peek" searches, and I didn't speak-up because I had nothing to hide.

Then they came to arrest American citizens and hold them indefinitely without any charges and without access to lawyers, and I didn't speak-up because I would never be arrested.

Then they came for immigrants and students from selected countries, luring them under the requirements of "special registration" as a ruse to seize them and detain them, and I didn't speak-up because I wasn't required to register.

Then they came for anyone who objected to "government policy" because it only aided the terrorists, and gave ammunition to America's enemies, and I didn't speak-up because..........well.......I just didn't speak-up.

AND THEN THEY CAME FOR "ME", and by that time, no one was left to "SPEAK-UP"!

Speak-up America! The civil-rights you save might be "your own"!

All of the above incidents have happened and/or are allowed by the "U.S.A.P.A.T.R.I.O.T. Act" that was enacted by the representatives that "YOU" elected! "YOU" are partially responsible and "YOU" can correct this assault on our democracy!

There is NOTHING "patriotic" about this "ACT". It is an "acronym":
U.niting
and
S.trengthening
A.merica
by
P.roviding
A.ppropriate
T.ools
R.equired
to
I.ntercept
and
O.bstruct
T.errorism

I wonder how many hours the fascist "Think Tank" took to think-up that one? Which brings to mind this: If ALL your ideas are stupid.........can you be called a "Think Tank"?

BE A SUCKER FOR THE FASCISTS........VOTE REPUBLICAN!
Posted by:JNH88KRNovember 11, 2008 1:51:59 AMRespond ^
Seventy more days and the Worst will slink off to the dustbin of history....certain that he will be judged a Truman...rather than in a category all by himself (Bushorror). When President Obama stops these practices I hope every last sordid detail is splashed all over the world.
Posted by:beatriceNovember 11, 2008 4:06:36 PMRespond ^

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