Tag Fox News

Why seizing journalists’ records is the last option, not the first

Pat Ryan 1 Comment

The latest revelations about the Obama Administration overstepping its moral authority, if not entirely its legal one, in dealing with enemies both real and perceived have left me melancholy.  At best.  While I am buoyed to see that the concept of using the IRS as a blunt instrument  to punish one’s political opponents seems to have won near-unanimous disapproval, the idea that the government shouldn’t be investigating reporters seems not to be getting quite so much support, at least not outside of journalism.

This government is out of bounds—and out of its mind—if it believes that treating journalists as suspected criminals is legally or morally the right way to go.  A government led by a former professor of constitutional law should know better, even if that government has prosecuted more alleged leakers than any previous one.  The things we’re learning about, or which have been alleged, in just a matter of a few days, are stupefying: not just secretly seizing reporters’ phone records and examining their emails, but treating the reporter as though he were a criminal suspect and investigating his associates—even looking at the reporter’s parents’ phone records!

(Look here for links to a number of good stories, editorials and op/eds on government overreach of authority, the attack on civil liberties, and uncomplimentary comparisons to the administrations of George W. Bush and Richard Nixon.  Look here for a first-hand account of the “Kafkaesque” experience of a reporter who had his phone records secretly seized by two government agencies more than 20 years ago.)

Government has a right to protect its secrets; and yes, I think there are circumstances in which government should properly keep information from general distribution.  But unless the information is (1) critical to preserving public safety and security and (2) cannot be obtained in any other way, the government should not be allowed to try to compel journalists to turn over unpublished research or provide testimony or rat out their associates, because that turns those reporters into de facto government investigators and will make people with stories to leak and asses to protect choose their asses over the story. Seizing journalists’ records or compelling testimony is the last option, not the first one, and it’s up a court to decide that, on a case by case basis.

I don’t think journalists have a legal “right” to protect sources; others disagree.  I think they must protect sources if they hope to be effective at their job, but I don’t think the law shields them from any and every effort by the government to uncover information.  (Unless there’s a shield law.)  And I think journalists should be prepared to pay the price under law when they choose to protect their sources, as a good journalist should, while simultaneously refusing to comply with a lawful court order, as a good citizen should.

Yes, Sarah Palin, it’s possible to be a good journalist and a good citizen.  All good citizens are not good journalists, but all good journalists are good citizens when they fulfill a critical role in the functioning of a free society: to tell citizens those things that people in power don’t want us to know; to inform us of what is being done in our name and on our behalf.

I’m not making a case for the purveyors of “news you can use”—things like consumer news, what’s trending on social media, breathless reports on developments on a TV network’s prime time entertainment program as if it was the explosion of the Hindenburg (yes, I’m talking to you, KTRK-TV in Houston); that’s the sissified bullshit kind of “news” we get from outlets that sold their souls when they bought the line of crap peddled by non-journalist consultants whose only real goal is increased profitability.  (I’m not opposed to profit, by the way—I’d like to have been better at it myself—but I am opposed to those organizations for which profit is the only or primary reason for being, and to the people who see journalism as just another product to sell like cook pans or bicycles or bird seed.)

I mean to make the case for the journalism that is there to confront those in power, one citizen to another, and to tell the rest of us what’s going on with the people we’ve authorized to spend our money and operate our governments, from Washington, D.C. to the state capitols and from counties and cities to utility districts and homeowner’s associations.  I mean the journalism that is envisioned in the First Amendment to the U.S. Constitution when it guarantees us the right to a free press right alongside the freedom of religion and freedom of speech and freedom of peaceable assembly and redress of grievances.

How well do American journalists do in living up to that standard?  Each according to his talents, like the rest of us.  The ones Don Henley sang about a generation ago are still around and (still) aren’t even trying, but the ones who are trying to do the job the right way for the right reasons deserve our respect and the respect of our government, regardless of who is president at the moment.

The 47% fallout at Fox, as told by Jon Stewart

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It has been great fun to watch the political circus play out around last week’s revelation of Mitt Romney’s campaign gaffe—or to put it another way, that chance for the rest of us to hear the truth Romney tells his supporters behind closed doors.  The good folks at The Daily Show even took a good-natured little poke at their friends at Fox News Channel for their contortionally-magnificent defense of the Republican Party nominee: “Let me sum up the message from Bullshit Mountain, if I may: this inartfully-stated dirty liberal smear is a truthful expression of Mitt Romney’s political philosophy and it is a winner.”  Click the pic for the whole beautiful report.

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This is the core of Bullshit Mountain: the 49% entitlement society Obama enables.  That is the core of the Bullshit Nation fiction, that somehow only since Obama, the half of Americans who love this country and work hard and are good have had the fruits of their labor seized and handed over to the half of this nation that is lazy and dependent and the opposite of good—I’m sure there’s a better term for that.  Now, in that 49% [Sean] Hannity is including those on Social Security and Medicare, or as I like to call them, his audience.

Thanks to Mashed Potato Bulletin for the heads up.

Dear Anita Perry,

Pat Ryan 2 Comments

I am surprised, I must say.  I’d have thought that after more than 30 years as the wife of a professional politician you wouldn’t be so sensitive to a little push-back.  But they are less deferential out in the rest of the country than we are back here at home in Texas, huh?  Getting all teary and everything because you think Governor Haircut has been “brutalized” due to his Christian faith?  Is that really going to be your best approach?

Anita PerryThe thing is, most of the rest of the country takes pluralism and religious tolerance seriously. They’re not all evangelical Christians like so very many here at home, and they don’t wear their faith on their sleeves, either.  Just because you are comfortable talking about your faith doesn’t mean everyone else is interested in hearing about it, especially people who make their voting decisions without little or no consideration of a candidate’s religion, and there are a lot of those people in America.

Frankly, most of America probably wouldn’t even know what church you folks belong to if you hadn’t made a big deal about it.  You’re the ones who brought your religion into this, so you can’t be a crybaby when others make it an issue.

After all, you’re part of the plurality here—white, Christian America—so you can’t whine when someone, or anyone, has the temerity to be anything but subservient or obsequious.  If on the one hand you proudly tell us that God’s call to your husband to run for president of the United States was like encountering a burning bush, then you cannot on the other hand complain when people question his relationships with religious figures like Robert Jeffress.

You said that these brutal attacks are coming from the news media as well as some of your fellow Republicans.  I’d like to suggest two things.  The first is to remind you (again) that reporters covering the campaign are supposed to investigate the claims made by candidates; they are not there merely to transcribe and distribute the candidates’ profound words.  They are supposed to poke and prod and ask questions and look for inconsistencies and errors, and publish their findings.  That’s reporting; that’s their job.  And the second thing is, if you’re unhappy about being attacked by Republicans you thought were your friends, well, welcome to a contested Republican primary.

One other thing, if I might.  I see you being quoted as saying this opposition comes “because of his faith.  He is the only true conservative.”  Apologies if I’m misunderstanding here, but are you saying that conservatism is a religious faith?  Or, that people who are not evangelical Christians are incapable of being “true conservatives”?  If so, that’s going to come as a big surprise to the members of the less-demonstrative Christian denominations, the Roman Catholics, the Jews, the Muslims, the Hindus, the Buddhists,  the Shintos, the Mormons, the Quakers, the Unitarian-Universalists,  the Scientologists, the Rastafarians and, of course, the atheists, agnostics and secular humanists who are all part of the Weekly Standard/Fox News Channel/Rush Limbaugh axis of moral superiority.

This morning on ABC News the governor stood by what you said yesterday in Tigerville, South Carolina (Tigerville?  Really?), and I think that’s exactly what he should have done; a man should stand up for his wife.  But if he really agrees with your sentiment, and his skin isn’t as thick as he’s let on, you two are in for quite an unpleasant ride.

Now, if you could please explain to me how it is that you blame President Obama for your son losing his job, as you claimed this morning, even though your son voluntarily resigned.  This should be good.