>> On 5/24/2013 4:35 PM, Kirby Grant wrote:
>>> On 23-May-2013, Joe Cooper <
nieqez...@tormail.org> wrote:
>>>
>>>> Siri Cruise <
chine...@yahoo.com> wrote in
>>>>
news:chine.bleu-8FFFE...@news.eternal-september.org:
>>>>
>>>>> There is no press immunity in federal law. Such immmunities only exist
>>>>> in some state laws. It is a general question of whether participants
>>>>> in some kinds of communications can be subpeoned to testify about the
>>>>> communications.
>>>>>
>>>>> Reporters pretend they have an immunity in federal law, but they
>>>>> don't. Nor do parents/children, unmarried lovers, best friends
>>>>> forever, poker buddies, etc.
>>>>
>>>> Please show that any FOX or AP reporter has violated any federal law.
>>>> Take your time :-)
>>>>
>>>
>>> The issue isn't directly about whether they did or did not violate a
>>> law.
>>> The investigation began when there was a suspicions that they had broken
>>> the
>>> law and the subnpoenas were used to discover whether any laws had been
>>> broken.
>>
>> Which law was suspected to have been broken?
>
> 18 USC � 798 - Disclosure of classified information
>
>>
>>> As was noted in the investigation there was an appearance that the
>>> reporters had attempted to induce someone with access to classified
>>> information to provide that information without authorization. But even
>>> if
>>> they never did gain access to that information, just the attempt to get
>>> it
>>> is also considered illegal under espionage laws.
>>
>> Which "espionage law" says journalists cannot pressure sources for
>> information of any sort?
>>
>
> 18 USC � 798 - Disclosure of classified information
What has been and was in this case used to pursue the press was one of
Woodrow Wilson's package of notorious laws, the real Espionage Act:
"The Justice Department did more than seize a Fox News reporter's emails
while suggesting he was a criminal "co-conspirator" in a leak case -- it
did so under one of the most serious wartime laws in America, the
Espionage Act.
It's the same law used by the Nixon administration to go after The New
York Times and Daniel Ellsberg over the leak of the Pentagon Papers.
It's the law used to charge the Rosenbergs, American communists, for
allegedly passing secret information to the Soviet Union -- they were
executed for the offense in 1953.
One Washington attorney, who represents two defendants recently charged
under that World War I-era law, told FoxNews.com that the decision by
the Justice Department to invoke it in the current case is "beyond
chilling" -- and could set a dangerous precedent for going after reporters.
"This kind of puts us into the deep freeze," attorney Jesselyn Radack
said. "I feel like we're back to the Dark Ages."
In the case involving Fox News, a government adviser was accused of
leaking information after a 2009 story by Fox News' James Rosen was
published online which said North Korea planned to respond to looming
U.N. sanctions with another nuclear test.
Court documents, which were filed in 2011 and surfaced earlier this
week, show the Justice Department made a series of claims against Rosen
in the course of seeking a search warrant for his personal emails.
In an affidavit, FBI agent Reginald B. Reyes claimed there's evidence
the Fox News correspondent broke the law, "at the very least, either as
an aider, abettor and/or co-conspirator."
That line cited a section of the U.S. Code that falls under the
Espionage Act -- pertaining to the unauthorized gathering and
transmitting of defense information. The section carries with it a
sentence of up to 10 years in prison.
A federal law enforcement official stressed to FoxNews.com that, as
stated in the affidavit, the Privacy Protection Act governs when
warrants can be executed regarding journalists' materials. And that act
requires the government to show "probable cause" of a criminal offense.
"In order to obtain the search warrant, the Privacy Protection Act
required the government to set forth factual assertions concerning the
reporter's conduct and the conclusion that there was probable cause to
believe that the reporter had committed a criminal offense to which the
materials related, including" possession of defense information, the
official said.
The official noted that saying there is probable cause and actually
charging someone are very different.
"No reporter has been charged in this case," the official said. "And, at
this time, we do not anticipate bringing additional charges against
anyone in this matter."
The administration has come under criticism before for using the
Espionage Act to prosecute leakers and whistle-blowers. Under the Obama
administration, federal prosecutors have used the act six times.
After details on the case involving Fox News were made public, the White
House said President Obama believes reporters should not be prosecuted
for doing their jobs. Attorney General Eric Holder made similar comments
during Hill testimony last week.
But Radack said that's "cold comfort" given the current circumstance.
Documents show the department, in a probe led by U.S. Attorney Ron
Machen Jr., also obtained phone records of numbers associated with Fox
News offices, including the number of Rosen's parents in Staten Island.
Though Rosen was never charged with any crime, Radack said the feds are
using a "very dangerous shortcut" if they only invoked the Espionage Act
in order to access his emails.
"That means he's a target of a federal criminal leak investigation on
one of the most serious charges that can be leveled against an
American," she said. "It is a huge problem."
She added: "We should take a hard look at how the Espionage Act, a
favorite tool of Nixon, is being used to go after any organization who's
saying things the administration doesn't like."
The affidavit in this case, she said, groups journalists in the same
category as whistle-blowers and "hack-tivists."
Radack, director of national security and human rights with the
Government Accountability Project, represented former National Security
Agency official Thomas Drake, who was charged under the act but
eventually got the charges dropped, and CIA official John Kiriakou, who
is currently serving time.
Former State Department contractor Stephen Jin-Woo Kim has already been
indicted in the case involving Fox News.
The latter case has drawn intense interest from watchdog groups and
other arms of the media.
Joe Newman, spokesman for the Project on Government Oversight, said the
Espionage Act is a "sledgehammer" and not "something that should be used
capriciously."
Mike Cavender, director of the Radio Television Digital News
Association, said in a statement that even though Rosen was not -- and
is not expected to be -- charged with a crime, the fact his movements
were tracked "will only serve to further drive away sources from
reporters for fear their conversations are not likely to remain
confidential."
He said the government has shown "little regard" for press freedom in
pursuing leak cases under the Espionage Act and involving journalists in
the process.
Though some watchdog groups claim being charged under that law is
tantamount to being branded a "traitor," the Justice Department rejects
that argument.
The department has argued in the past that the act has many provisions
-- including the disclosure of classified information, which is not by
itself an espionage charge."
--
http://www.foxnews.com/politics/2013/05/22/doj-invoked-espionage-act-in-calling-fox-news-reporter-criminal-co-conspirator/
It is most definitely notable that the Supreme Court has consistently
supported the First Amendment claims of the press against the
government's "heavy burden of proof" in establishing that the publisher
"has reason to believe" the material published "could be used to the
injury of the United States or to the advantage of any foreign nation."
Let's see whoever leaked the classified information on bin Laden and
Stuxnet, to mention just two well-known leaks, as well as cases like
those of Bradley Manning and Julian Assange along with similar instances
prosecuted before baselessly calling a longstanding and unquestioned
professional reporter a flight risk and invading the privacy of his
distant and aging parents.
>
>> <snip customary gratuitous insult>
>
> You may think that you have just been clever, but all it does is remind me
> that I need to provide another gratuitous insult, you ignorant, uneducated
> lout. Now go cry in a corner you little baby.
Typical juvenile waste of everyone's time and space except for the need
for psychological release felt by the poster.