The Obama administration and the press: Leak investigations and surveillance in post-9/11 America

In a report for the Committee to Protect Journalists, Leonard Downie Jr., former editor of the Washington Post, writes: In the Obama administration’s Washington, government officials are increasingly afraid to talk to the press. Those suspected of discussing with reporters anything that the government has classified as secret are subject to investigation, including lie-detector tests and scrutiny of their telephone and e-mail records. An “Insider Threat Program” being implemented in every government department requires all federal employees to help prevent unauthorized disclosures of information by monitoring the behavior of their colleagues.

Six government employees, plus two contractors including Edward Snowden, have been subjects of felony criminal prosecutions since 2009 under the 1917 Espionage Act, accused of leaking classified information to the press — compared with a total of three such prosecutions in all previous U.S. administrations. Still more criminal investigations into leaks are under way. Reporters’ phone logs and e-mails were secretly subpoenaed and seized by the Justice Department in two of the investigations, and a Fox News reporter was accused in an affidavit for one of those subpoenas of being “an aider, abettor and/or conspirator” of an indicted leak defendant, exposing him to possible prosecution for doing his job as a journalist. In another leak case, a New York Times reporter has been ordered to testify against a defendant or go to jail.

Compounding the concerns of journalists and the government officials they contact, news stories based on classified documents obtained from Snowden have revealed extensive surveillance of Americans’ telephone and e-mail traffic by the National Security Agency. Numerous Washington-based journalists told me that officials are reluctant to discuss even unclassified information with them because they fear that leak investigations and government surveillance make it more difficult for reporters to protect them as sources. “I worry now about calling somebody because the contact can be found out through a check of phone records or e-mails,” said veteran national security journalist R. Jeffrey Smith of the Center for Public Integrity, an influential nonprofit government accountability news organization in Washington. “It leaves a digital trail that makes it easier for the government to monitor those contacts,” he said.

“I think we have a real problem,” said New York Times national security reporter Scott Shane. “Most people are deterred by those leaks prosecutions. They’re scared to death. There’s a gray zone between classified and unclassified information, and most sources were in that gray zone. Sources are now afraid to enter that gray zone. It’s having a deterrent effect. If we consider aggressive press coverage of government activities being at the core of American democracy, this tips the balance heavily in favor of the government.”

At the same time, the journalists told me, designated administration spokesmen are often unresponsive or hostile to press inquiries, even when reporters have been sent to them by officials who won’t talk on their own. Despite President Barack Obama’s repeated promise that his administration would be the most open and transparent in American history, reporters and government transparency advocates said they are disappointed by its performance in improving access to the information they need.

“This is the most closed, control freak administration I’ve ever covered,” said David E. Sanger, veteran chief Washington correspondent of The New York Times.

The Obama administration has notably used social media, videos, and its own sophisticated websites to provide the public with administration-generated information about its activities, along with considerable government data useful for consumers and businesses. However, with some exceptions, such as putting the White House visitors’ logs on the whitehouse.gov website and selected declassified documents on the new U.S. Intelligence Community website, it discloses too little of the information most needed by the press and public to hold the administration accountable for its policies and actions. “Government should be transparent,” Obama stated on the White House website, as he has repeatedly in presidential directives. “Transparency promotes accountability and provides information for citizens about what their government is doing.”

But his administration’s actions have too often contradicted Obama’s stated intentions. “Instead,” New York Times public editor Margaret Sullivan wrote earlier this year, “it’s turning out to be the administration of unprecedented secrecy and unprecedented attacks on a free press.”

“President Obama had said that default should be disclosure,” Times reporter Shane told me. “The culture they’ve created is not one that favors disclosure.” [Continue reading…]

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