The Press - Hoist On Its Own Petard

Scooter Libby is planning to subopena a number of journalists in his defense trial. This poses a series of tough decisions for the press for a number of reasons. Timothy Phelps has a lengthy (but worth the time) article in the Columbia Journalism Review regarding the background of the Plame case, including his own actions and the actions of others.

Of course, as a member of the press, Phelps is not happy about the possibility of two things. One, that Libby may call journalists for testamony, and two, that the press doesn't seem to have the "protections" under the first amendment that it did in the past. Phelps does acknowledge that there are indeed limits on the ability of journalists to protect sources, but decries the lessening of that.

It should be noted that much of the current brouhaha is of the making of the journalism profession. They were less concerned about the "leak" than about (in general) being able to hammer the Bush Administration for wrongs (real or perceived). In fact, two journalists, David Corn (The Nation) and Paul Krugman (The New York Times) raised a big stink about the illegality of "outing" Plame.

Even Phelps says she was in a role "undercover." However, nothing could be further from the truth. Undercover typically means assignment in the field, pretending you are something you are not in order to gather information necessary for our national security. Plame worked in a "secret" department of the Directorate of Operations, but was not "under cover" as she drove to work daily, was doublessly photographed many, many times by our adversaries (who ever they may have been) and even people in her neighborhood knew where she worked. Too, her "cover" had been blown years before and that is why she was pulled from the field.

The press demanded an investigation until finaly, someone in the CIA asked for an investigation. Usually, these requests don't go very far as Phelps acknowledges. This time, however, with the reporters and Democrats up in arms, Gutless Ashcroft recused himself and recused his deputy from looking into the matter and appointed a Special Prosecuter to look into the "outing" of Valarie Plame.

As we know, that investigation went nowhere, despite calls for Karl Rove to be frogmarched out of the White House. Libby in what must have been a non-compos-mentos moment lied about who he talked to or when or under what circumstances and as a result he is up on perjury charges. If found guilty, I hope they throw the book at him. What could he have been thinking?

But, I digress. The issue is that the press, so rabid in their attempts to nail the Bush Administration (and denying that is ludicrous on it's face) is now going to have to testify in the Libby trial. Too damn bad. The old saw that you need to be careful what you ask for, because you may not like what you get couldn't be more apt.

Libby's right to a fair trial trumps, it seems to me, any 1st amendment protection the predatory press has. Phelps may have said it best:

The prosecutor seems to have had the last word about the First Amendment, at least for now. “Journalists are not entitled to promise complete confidentiality � no one in America is,� he told Thomas F. Hogan, chief judge of the U.S. District Court for the District of Columbia. Hogan agreed. Of course, we never did have the right to offer complete confidentiality in every circumstance. But as a result of this case and others in the pipeline, the question now is, Can we honestly promise our sources anything?"

A tip of the GM Chapeaux to James Taranto