The Supreme Court ruled against The New York Times on Monday (Nov. 27,2006), refusing to block the government from reviewing telephone records of two Times reporters in a leak investigation concerning a terrorism-funding probe.
The one-sentence order came in a First Amendment battle that involves stories written in 2001 by Times reporters Judith Miller and Philip Shenon. The stories revealed the government's plans to freeze the assets of two Islamic charities, the Holy Land Foundation and the Global Relief Foundation.
Funny. I haven't heard a word about the Supreme Court decision from talking head television commentators or radio talk show hosts this evening. No David Gregory-type screamers yammering about how the Bush White House is on a covert mission to discredit whistleblowers, no matter that those mislabeled whistleblowers might possibly have destroyed significant leads in tracking down terrorist funding. No Chris Matthews yelling over the words of his guests, spitting out nonstop drivel about Bush's "war on freedom of the press".
Why, the very thought that national security would trump "the public's right to know" sends shivers through the Left, who uniformly believe that protecting the lives of innocent men, women, and children from mass slaughter should take a back seat to journalism's loose cannons who know no higher calling than groveling for a Pulitzer, Peabody, or Emmy. Those prizes, of course, are reserved solely for those who know on which side their bread is buttered.
Patrick Fitzgerald was once the object of high praise from many commentators, who lauded him as a principled federal prosecutor, even if his background was as a Republican appointee. While Mr. Fitzgerald was investigating the alleged White House leak of Valerie Plame's name and position at the CIA the mainstream press gushed over him, filled as they were with the certainty that Mrs. Joseph Wilson had been outted by Karl Rove. Hadn't Joseph Wilson himself pointed the finger at the White House and specifically at Mr. Rove? What more evidence did the braying pack of wild reporters need in order to take the accusation at face value and place all their hopes on the Fitzgerald investigation that would surely confirm Kerry-advisor Wilson's charge? End of story.
Funny. As soon as Richard Armitage came forward as the one who leaked Mrs. Wilson's name the same wild pack of reporters screaming for Karl Rove's head suddenly went silent. Joseph Wilson inexplicably went into seclusion with no public calls for Mr. Armitage to be frog marched into Pelican Bay. Although the Fitzgerald investigation continues into the Plame Affair the mainstream media no longer seems interested. I have no idea why, and if someone knows will you please drop a comment to enlighten me.
Now that Mr. Fitzgerald is investigating two reporters' contact with two Islamic charities, after learning of a Justice Department probe from a leaker, the mainstream press is performing a flip-flop. Where it was a matter of national import for the public to know the name of the government leaker in the Plame Affair, according to the press, it is now a matter of national import for the public to not learn the identity of the government leaker who divulged top secret information about the DOJ investigation. Imagine that. Oh yes, Mr. Fitzgerald is a fading memory with the media; until his investigation into the charity source leak heats up, that is. Look for his former admirers to denounce him as an overzealous, out-of-control prosecutor if Fitzgerald is forced to ask the court to order uncooperative witnesses held in contempt.
Do you ever wish members of the mainstream press were hooked up to a shock device with yourself as the one with the power to send high voltage through their systems whenever they refused to answer questions truthfully, or failed tests of logic and consistency? I do. I'd love to subject dozens of journo-celebs to a grilling on why they believe the identity of an alleged White House leaker must be determined at all costs, while the identity of a DOJ leaker must be protected at all costs. Sure, the journo-celebs all mildly professed that Judith Miller shouldn't have to divulge her (alleged) White House source; but most if not all put up very little fight on her behalf when they thought the Plame leaker was actually someone in the Bush White House. Should Ms. Miller find herself facing jail time for contempt in refusing to testify to her sources in the Islamic charities matter I am sure the usual media suspects will object to her incarceration with far greater volume and intensity than was the case in the Plame episode. Heck, the suspects might threaten en masse to vote a straight Democratic Party ticket in 2008 if Ms. Miller has to obey the same laws that ordinary American riffraff have to obey!
I dream about the delight I'd have with any number of the media sitting strapped to a chair, wired to my devilish voltage machine while I went down a list of questions for them to answer. With every non-sequitur response and equivocation I'd increase the voltage until I arrived at the truth. The subjects could have but two truthful answers: "I have a journalistic double-standard because I hate George W. Bush". And: "I was only following orders!" (The vision of Keith Olbermann screaming aloud the latter won't leave my head.)
But there's another facet to the issue of journalism's double-standard when it comes to their agitating for absolute source protection. It goes far beyond their intention to immunize themselves in the same way clergy or lawyers are protected from divulging confidential information. The press was envisioned by the Founding Fathers as a check against governmental abuse and power, and as long as the press adhered to high standards of truth and professionalism it could reasonably be assumed to guarantee the public's right to know. With the melding of political agendas and unabashed partisanship in the press, however, the Left-media axis have fashioned the design for a powerful weapon to be used against anyone who stands in the way of their own unchecked power. And the proposed Shield Law will be the final mechanism which will enable the Left-media axis to be as lawless and dangerous as any Politboro.
Can you think of the power the Left-media axis will have once the Dan Rathers of the journalism world can fabricate "sources" who are as fake and fictional as the purported "fake but true" documents dreamed up by Rather, Mary Mapes, and 60 Minutes II? Can you imagine the havoc the unchecked press would have once "fake but true" sources are promoted as factual sources of information, to be replicated and disseminated on a mass scale by a lockstep mainstream media at the service of a single political ideology? It's truly a scary thought, if one values democracy and the right of a free people to make informed decisions. If the thought of Big Brother frightens, the thought of a press Shield Law ought to throw a real scare into everyone with even average intelligence.
The voters elected the Executive managers and Legislative lawmakers to make national security decisions, and to likewise protect our national security from all enemies foreign and domestic. The voters did not elect the New York Times to unilaterally usurp any governmental decisions, let alone those of critical national security. The Times' decisions to divulge all in the top-secret NSA surveillance and bank funds tracking programs place that organization squarely in the domestic enemies camp, in my considered opinion. That the Times later admitted it erred in the second case cuts no slack whatever with me. Thank God America still has a Supreme Court with a preponderance of common sense that allows the government to protect the citizens of this country. And pray to God that the voters, through our elected officials, never allow the press to create an alternate universe where "fake but true" documents and sources are promoted to subvert the will of the people.