I don't recall Huffington Post running a top-of-the-page story on the Bush Administration re-writing the rules when it comes to whistleblowers and reporters.
Probably because the Bush Administration didn't follow through on that threat.
You don't even need to click this link to find out what I'm talking about, do you?
Risen was originally subpoenaed in 2008, after the publication of his book, "State of War: The Secret History of the CIA and the Bush Administration." Risen fought the order, which expired in 2009. But Obama administration Attorney General Eric Holder authorized a second subpoena in 2010, and when that was quashed, a third in May 2011.
Two months later, U.S. District Court Judge Leonie M. Brinkema ruled that Risen had a qualified privilege not to testify against Sterling. "A criminal trial subpoena is not a free pass for the government to rifle through a reporter’s notebook,” she wrote.
Brinkema also noted that Risen's testimony didn't seem necessary, since the government had plenty of phone and email records it could use to try to prove a link between leaker and source.
Risen's lawyer, Joel Kurtzburg, mostly argued that the appeals court had no jurisdiction in the matter, as Brinkema hadn't actually ruled out Risen's testimony yet. She agreed to a DOJ request to revisit the question when the trial was nearly over.
Risen didn't attend Friday's hearing, but discussed the case earlier this month at the National Press Club.
"They've said in that there is no reporter's privilege," Risen said. "I think they want the court to rule on a fundamental constitutional issue of whether or not there is a reporter's privilege in a criminal case, which makes this case kind of have a broader import than it might otherwise have."
"That's why I think it's become a pretty important case," he continued. "It's a fairly basic constitutional issue for the press, whether or not there is a reporter's privilege. It's something a lot of people outside the press don’t really understand, don't really care about. I think the basic issue is whether you can have a democracy without aggressive investigative reporting and I don't believe you can. So that's why I'm fighting it."
The hardline stand against reporter's privilege -- the DOJ briefs always put the term in quotation marks -- is a hallmark of the Obama administration's unprecedented crackdown over leaks. So is trying to throw the book at the alleged leakers.
At least the Obama folks have only done this once, right?
The Obama administration has charged six different people with violations of the Espionage Act, a World War I-era law intended to prohibit aiding the enemy. That’s more uses of Espionage Act than under all previous presidential administrations combined.
While the Obama administration hasn't prosecuted those responsible for torture during the Bush years, it is taking a strong stand against a former official believed to have supplied information to the media about use of torture and other controversial tactics during the previous administration.
In January, the Justice Department charged former CIA officer John Kiriakou with disclosing classified information to the media; The FBI claims to have evidence linking him to a 2008 New York Times storydetailing the interrogation of Abu Zubaydah.
In another notable case, the DOJ charged Thomas Drakeunder the Espionage Act, claiming the former National Security Agency official provided classified information of gross NSA mismanagement to a Baltimore Sun reporter. The government's case collapsed in 2011 and Drake pleaded guilty only to a misdemeanor.
The crackdown hasn't gone unnoticed among reporters, with tension recently spilling out into the White House briefing room after the administration praised Anthony Shadid and Marie Colvin, journalists who died while covering the bloody conflict in Syria.
Jake Tapper, the senior White House correspondent for ABC News, askedWhite House Press Secretary Jay Carney how public support of those journalists' work "square[s] with the fact that this administration has been so aggressively trying to stop aggressive journalism in the United States by using the Espionage Act to take whistleblowers to court."
"There just seems to be a disconnect here," Tapper added. "You want aggressive journalism abroad; you just don’t want it in the United States."
Whoops. Well, at least Obama has been consistent on his feelings about whistleblowers and the Press, right?
In April 2008, then-candidate Obama told the audience at an AP luncheon that he believed a federal judge, and not a sitting administration, should decided if a confidential source should be protected. Obama also supported a federal shield law, but during his first year in office, the White House sent Congress "sweeping revisions" to a proposed bill that "would significantly weaken its protections against forcing reporters to testify," according to the Times. The White House did not respond to a request for comment about Obama's current views on the matter.
During the May 1 panel -- which Drake and Kiriakou attended -- Risen said he doesn't "understand the Obama administration's incentives and motivation in becoming much more aggressive on leaks than even the Bush administration was."
It's notable that Risen describes the Obama administration as more aggressive, considering his experience with the Bush administration, which successfully lobbied Timessenior editors in 2003 not to publish Risen's story on a bungled CIA plan to provide flawed nuclear blueprints to Iran -- a story that later appeared in his 2006 book. The Bush administration also persuaded the Times to hold Risen and reporter Eric Lichtblau's bombshell investigation of the NSA's warrantless wiretapping program for more than a year -- until after Bush's reelection -- citing national security concerns. The Pulitzer Prize-winning piece finally ran in Dec. 2005, with "State of War" on shelves two weeks later.
Risen joked that he must have "sold a lot of books in the FBI and the Justice Department, because they seemed to investigate things in almost every chapter I wrote."
I'll at least give HuffPo credit for noticing the hypocrisy from the Obama Administration.
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