Espionage Act to Silence and Prosecute Federal Workers

Last Wednesday in the White House briefing room, the administration’s press secretary, Jay Carney, opened on a somber note, citing the deaths of Marie Colvin and Anthony Shadid, two reporters who had died “in order to bring truth” while reporting in Syria.

Jake Tapper, the White House correspondent for ABC News, pointed out that the administration had lauded brave reporting in distant lands more than once and then asked, “How does that square 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 whistle-blowers to court?”

He then suggested that the administration seemed to believe that “the truth should come out abroad; it shouldn’t come out here.”

Fair point. The Obama administration, which promised during its transition to power that it would enhance “whistle-blower laws to protect federal workers,” has been more prone than any administration in history in trying to silence and prosecute federal workers.

The Espionage Act, enacted back in 1917 to punish those who gave aid to our enemies, was used three times in all the prior administrations to bring cases against government officials accused of providing classified information to the media. It has been used six times since the current president took office.

Setting aside the case of Pfc. Bradley Manning, an Army intelligence analyst who is accused of stealing thousands of secret documents, the majority of the recent prosecutions seem to have everything to do with administrative secrecy and very little to do with national security.

In case after case, the Espionage Act has been deployed as a kind of ad hoc Official Secrets Act, which is not a law that has ever found traction in America, a place where the people’s right to know is viewed as superseding the government’s right to hide its business.

In the most recent case, John Kiriakou, a former C.I.A. officer who became a Democratic staff member on the Senate Foreign Relations Committee, was charged under the Espionage Act with leaking information to journalists about other C.I.A. officers, some of whom were involved in the agency’s interrogation program, which included waterboarding.

For those of you keeping score, none of the individuals who engaged in or authorized the waterboarding of terror suspects have been prosecuted, but Mr. Kiriakou is in federal cross hairs, accused of talking to journalists and news organizations, including The New York Times.

Read the rest at: NYT

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