Is the New York Times about to be indicted? That’s what James Pierison of ARMAVIUMQUE thinks is possible. Hat tip to Instapundit.
Is The New York Times about to be indicted? That would be a fair inference from the strange exchanges that have gone back and forth over the past few days between the Justice Department and the editors of the paper.
On Sunday, during the ABC news program, “This Week,” Attorney General Gonzales was asked if the federal government might prosecute journalists who published classified information.
“There are some statutes on the books,” he answered, “which … would seem to indicate that this is a possibility.” He went on to suggest that such prosecutions were implicitly authorized by the Congress when it passed the statutes. “We have an obligation to enforce those laws,” he said. “We have an obligation to ensure that our national security is protected.”
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The editorial stressed that Mr. Gonzales was mostly blowing hot air because the Espionage Act could not be applied to journalists. Revealing some sensitivity on this issue, however, the Times went even further in its editorial to suggest that the Bush administration was in no position to invoke congressional statutes since, in the view of the editors, it had routinely violated them in authorizing wiretaps without warrants and in failing to enforce civil rights and environmental laws. If the Bush administration can ignore the laws, the editors seemed to ask, why can’t we? The editorial reads much like a pre-emptive strike designed by lawyers to ward off impending indictment. In that case, however, the editors may have gone too far in implying that they have as much right as the government to determine what the laws are and which ones deserve to be obeyed.
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In view of their editorial on Wednesday, the editors of the Times must believe that a prosecution is a real possibility. One obvious reason for concern is that the indictment of corporations often turns out to be a death sentence, as it was with Arthur Andersen & Co., which was forced to fold even though the indictment under which it was prosecuted was later thrown out on appeal. Time will tell. In the meantime, the unfolding story will be fascinating to watch.
We’ll see. I would be happy to see a whole gaggle of New York Times reporters and editors and managers in jail. Revealing secret information about our war on terror has probably cost lives and has rendered these programs at the very least less effective. Imagine if the New York Times had published information about the D-Day raid on Normandy a week before it happened. They might believe in their hearts that they had a good reason to do so — after all, D-Day was costly in American, British, and Canadian lives — but it’s not the place of the mainstream media to reveal secrets in wartime without prior clearance.









