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Using many of the questionable surveillance and monitoring techniques
that brought both questions and criticism to his administration, President
George W. Bush has launched a war against reporters who write stories
unfavorable to his actions and is planning to prosecute journalists to make
examples of them in his "war on terrorism."
Bush recently directed Attorney General Alberto Gonzales to use "whatever
means at your disposal" to wiretap, follow, harass and investigate
journalists who have published stories about the administration's illegal
use of warrantless wiretaps, use of faulty intelligence and anything else he
deems "detrimental to the war on terror."
Reporters for The New York Times, which along with Capitol Hill Blue
revealed use of the National Security Agency to monitor phone calls and
emails of Americans, say FBI agents have interviewed them and criminal
prosecutors at the Justice Department admit they are laying "the groundwork
for a grand jury that could lead to criminal charges,"
CIA Director Porter Goss told Congress recently that "it is my aim and it is
my hope that we will witness a grand jury investigation with reporters
present being asked to reveal who is leaking this information. I believe the
safety of this nation and the people of this country deserve nothing less."
As part of the investigation, the Justice Department, Department of Homeland
Security and the National Security Agency are wiretapping reporters' phones,
following journalists on a daily basis, searching their homes and offices
under a USA Patriot Act provision that allows "secret and undisclosed
searches" and pouring over financial and travel records of hundreds of
Washington-based reporters.
Spokesmen for the Justice Department and Department of Homeland Security
admit there are "ongoing investigations" regarding publication of stories
"involving threats to national security" but will not reveal what those
investigations include.
In addition to using the USA Patriot Act to pry into the lives of
journalists, the Justice Department has also dusted off a pre-World War I
law to prosecute people who receive classified information, although the law
was aimed at military personnel not civilians.
"This is the first administration that I can remember, including Nixon's,
that said we need to think about a law that would put journalists who print
national security things up in front of grand juries and put them in jail if
they don't reveal their sources," says David Gergen, who served as President
Regan's director of communication and also worked in the Nixon and Ford
White Houses.
Political scientist George Harleigh, who worked in the Nixon administration,
says such use of federal law enforcement authority was illegal when Nixon
tried it and still so today.
"We're talking about a basic violation of the Constitutional guarantee of a
free press as well as a violation of the rights of privacy of American
citizens," Harleigh says. "I had hoped we would have learned our lessons
from the Nixon era. Sadly, it appears we have not."
In recent weeks, the FBI has issued hundreds of "National Security Letters,"
directing employers, banks, credit card companies, libraries and other
entities to turn over records on reporters. Under the USA Patriot Act, those
who must turn over the records are also prohibited from revealing they have
done so to the subject of the federal probes.
"The significance of this cannot be overstated," says prominent New York
litigator Glenn Greenwald. "In essence, while the President sits in the
White House undisturbed after proudly announcing that he has been breaking
the law and will continue to do so, his slavish political appointees at the
Justice Department are using the mammoth law enforcement powers of the
federal government to find and criminally prosecute those who brought this
illegal conduct to light.
"This flamboyant use of the forces of criminal prosecution to threaten
whistle-blowers and intimidate journalists are nothing more than the naked
tactics of street thugs and authoritarian juntas."
Just how widespread, and uncontrolled, this latest government assault has
become hit close to home last week when one of the FBI's National Security
Letters arrived at the company that hosts the servers for this web site,
Capitol Hill Blue.
The letter demanded traffic data, payment records and other information
about the web site along with information on me, the publisher.
Now that's a problem. I own the company that hosts Capitol Hill Blue. So, in
effect, the feds want me to turn over information on myself and not tell
myself that I'm doing it. You'd think they'd know better.
I turned the letter over to my lawyer and told him to send the following
message to the feds:
Fuck you. Strong letter to follow. |