[RD] Sessions Takes a Page from Obama, Gets Tough on Leakers

BvBPL

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The Trump administration, like every other White House, has been plagued by leaks from staffers to the media. While such leaks are generally unwanted by the executive branch, relatively few prior presidents have been as concerned about leaks as Pres. Trump.

In the wake of transcripts of Pres. Trump’s conversations with foreign heads of state following his inauguration, Attorney General Sessions, long under fire from Trump for inaction on leaks, has initiated a leak crackdown. This morning Sessions suggested that such leaks are acts of treason and stated he’s initiated wide-scale investigations of leakers, triple, he claims, the number of those under Pres. Obama. A.G. Sessions stated today that four people have already been charged in regards to the leaks, but whether those are four new people or include individuals already in the public eye for leaks, like Reality Winner, is unclear.

A.G. Sessions has, perhaps remarkably, indicated a willingness to subpoena the media in such leak investigations. Under wiretap laws, the A.G. may subpoena journalists to reveal the sources of the leaks they receive. This may place journalists between a rock and a hard place; revealing a confidential source will violate journalistic ethics, but choosing not to under court order may subject the journalist to contempt charges, as happened with Judith Miller in 2005. Top Trump adviser Kelly Anne Conway believes the answer is for the media to be careful in the information it prints, presumably weighing the public's right to know versus the national interests at stake.

A.G. Sessions’s claim that that his office is engaging in triple the number of investigations of prior president is a bit questionable. Pres. Obama’s White House far and way eclipsed investigations by prior presidents into leaks. Of course Pres. Obama had seven a half more years in office than Trump to conduct leak investigations; if Trump’s administration keeps pace it could pass the “transparency president’s” prior record on criminalizing the release of truthful information.
 
Treason as in the capital offense?
 
What national security issues are at risk when someone leaks that Jeff Sessions got pissed at Jared Kushner for being an annoying little twerp?
 
The interesting thing is that the "leaks" Trump has been most irate about have not been crimes. Disclosing classified material is a crime. Gossiping about which member of the WH staff said that another member of the WH staff is a self promoting sexual gymnast isn't.
 
What's with the ridiculous troll-y thread title? Seems weird to draw a parallel between the current AG and the former president. They don't have the same job.
 
What national security issues are at risk when someone leaks that Jeff Sessions got pissed at Jared Kushner for being an annoying little twerp?
Humorous defense mechanisms aside, the willingness of the executive branch to subpoena journalists for the source of their leaks over the last 12 years or so has created a chilling effect that directly threatens a free press. A press that cannot ensure the confidentiality of its sources will be hampered in its ability to present the news as potential sources will be understandably wary about sharing information if doing so could subject them to penalties.

The cure is a federal journalist shield law. Most of the states have shield laws that protect journalists from naming confidential sources; it is well past time that the federal government provide similar protections. Doing so will help to ensure a free press against overreach by the executive branch.
 
Humorous defense mechanisms aside, the willingness of the executive branch to subpoena journalists for the source of their leaks over the last 12 years or so has created a chilling effect that directly threatens a free press. A press that cannot ensure the confidentiality of its sources will be hampered in its ability to present the news as potential sources will be understandably wary about sharing information if doing so could subject them to penalties.

The cure is a federal journalist shield law. Most of the states have shield laws that protect journalists from naming confidential sources; it is well past time that the federal government provide similar protections. Doing so will help to ensure a free press against overreach by the executive branch.

Just to save me some effort...

Your position in this post rests on "the willingness of the executive branch to subpoena journalists" while your position in the thread rests on "Pres. Obama’s White House far and way eclipsed investigations by prior presidents into leaks." You tucked that into a link to an article that seems to have nothing to do with that, other than mentioning it tangentially as a fact. It would appear that you have either concluded or assumed that "investigated leaks" automatically includes "subpoena journalists," while the reality seems to be that there hasn't been a significant battle over such subpoenas since the Miller case...which predates the Obama administration. As far as I can tell the Obama administration's booming record for leak investigations is a simple function of the booming use of social media and hardly touched on journalists at all.

So, I request that if you are going to continue talking about the "chilling effect of their willingness to subpoena journalists" over the past twelve years that you demonstrate that such subpoenas actually happened.

Yes, Jeff Sessions has threatened to revise Justice Department guidelines on the issue, indication that such subpoenas may start to flow now, and that has a chilling effect...which will bring such action into direct conflict with numerous supreme court precedents. However, until you provide such demonstration I will be writing off your claims regarding the Obama administration as unsupported and inflammatory...and based on previous experience I'll assume that is intentional on your part.
 
The most prominent Obama-era example was James Risen. Risen’s seven year subpoena prompted Margaret Sullivan, writing for the New York Times, to call the Obama administration one of “unprecedented secrecy and of unprecedented attacks on a free press.” Then there was the experience of James Rosen who was accused by the Obama DOJ of breaking the law “at the very least, either as an aider, abettor, and/or co-conspirator.” While Rosen was not criminally charged, having the DOJ lambast him in court documents for telling the truth was unacceptable. The Obama DOJ also oversaw multiple secret subpoenas for the emails, telephone records, and other documents of journalists.

The Obama administration received multiple condemnations for its handling of press freedom as a result of these overreaches. More worrisome is how the Obama administration’s overreach paved the way for Trump to attack the press. I guess some poor solace might be found in how public Sessions has been about leaks, whereas Obama’s DOJ was very much under the radar and pursuing leakers quietly.
 
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Funnier if I say it than Jeff Sessions, presently.
 
Treason as in the capital offense?

Would be hilarous when the leakers are revealed to be Bannon, Prebice and Cushner all leaking damaging information on each other in an attempt to backstab each other
After Rince was fired we got the leaked transcripts of Trump with Mexico, coincidence ? I think not
 
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