Reporters, Leaks and the NSA
Media Blog
Stephen Spruiell Reporting
Following a report on ABCNews.com that-
<<< "A senior federal law enforcement official tells ABC News the government is tracking the phone numbers we call in an effort to root out confidential sources," >>>
-some people are jumping to the conclusion that this is related to the NSA phone records program, even though ABC News reported that it
<<< "does not know how the government determined who we are calling, or whether our phone records were provided to the government as part of the recently-disclosed NSA collection of domestic phone calls." >>>
In From the Cold tries to put the story in a more appropriate context:
The MSM will scream long and loud about this one, but
let's keep things in perspective. Under existing federal
statutes, intelligence officials who divulge sensitive
information to the press are likely in violation of the
law. The unauthorized leak of such data results in a
referral from the intelligence agency to the Justice
Department, which launches a criminal probe. Federal
prosecutors then have the right to gather and subpoena
evidence in support of that effort, including phone
records. If authorities discover a series of calls
between the office phone or cell phone of an intelligence
officer and Brian Ross of ABC News, well, that could
certainly be relevant in identifying and prosecuting
leakers.
I'm not a lawyer, but at first blush, there doesn't appear to be anything illegal about this practice, particularly if the acquisition of records followed a criminal referral to the Justice Department. The media is anxious to connect the warning to Ross as part of the NSA program, but I'm guessing that the records in question are, indeed, the result of justice department investigations into unauthorized leaks. That would indicate that the investigation is moving along quickly, and indictments of suspected leakers can be expected in the coming months. As for Mr. Ross (and other journalists), they might want to prepare for a grand jury appearance. I'm sure that federal prosecutors have lots of questions about those calls to their buddies in the intelligence community.
One question on yesterday's widely discussed USA Today/Gallup poll asked, "Do you think the news media should — or should not — report information it obtains about the secret methods the government is using to fight terrorism?" A plurality of 49 percent answered, "No, should not." Americans who are not members of the Pulitzer board seem to think the exposure of classified national security programs is serious business.
ASLO: John B. e-mails to point out that investigators could have purchased these reporters' cell phone records without having to resort to nefarious Orwellian schemes.
media.nationalreview.com
blogs.abcnews.com
talkingpointsmemo.com
formerspook.blogspot.com
usatoday.com
msnbc.msn.com |
