Pushing back against the White House anti-leak crusade

By Bill Kirtz

Leading news figures this weekend blasted expanding investigations of national-security leaks, detailed the dilemma of dealing with confidential sources and offered ways to restore credibility in a media universe that merges fact with fiction.

Their comments came at Boston’s Investigative Reporters and Editors conference attended by some 1,200 established and aspiring journalists.

New York Times executive editor Jill Abramson said the Obama administration’s widening probes have created an “urgent” problem because it has a “chilling effect” on confidential sources. She said the current Washington environment “has never been tougher and [confidential] information harder to dislodge.”

She said the attorney general’s latest attempts to ferret out leakers raise the question of whether the U.S. Espionage Act “is being used as a substitute for” Britain’s wide-ranging Official Secrets Act.

Using the Espionage Act, the current administration is pursuing six leak-related criminal cases. That’s twice as many as all previous administrations combined brought since the act was passed in 1917 to punish anyone who “knowingly and willfully” passes on information that hurts the country or helps a foreign power “to the detriment of the United States.”

The Official Secrets Act makes it unlawful to disclose information relating to defense, security and intelligence, international relations, intelligence gained from other departments or international organizations and intelligence useful to criminals.

Alluding to recent Times stories about U.S. drone strikes and computer attacks aimed at Iran’s nuclear infrastructure, Abramson said the government’s policy on cyber warfare is an important subject about which the public needs to know.

The vast majority of her paper’s national-security disclosures come from “old-fashioned shoe-leather reporting” and not from leaks, she said. And before they run, she said, “We give all responsible officials a chance to reply” and will hold or cut information if they raise a legitimate security objection.

Times media columnist David Carr called the government investigations an “appalling” attempt to restrict information about significant issues.

“Whistle-blowers aren’t scarce but the people who blow them are,” he said, citing as an example the indictment of a National Security Agency worker who told a Baltimore Sun reporter about a failed technology program.

“As war becomes less visible and becomes its own ‘dark ops,’ reporters are trying to punch through and bring accountability,” he said. Carr added that while it’s easy to say leak-based scoops come gift-wrapped, they usually come from reporters working hard and asking the right questions. Continue reading “Pushing back against the White House anti-leak crusade”

Was the killing of Anwar al-Awlaki justified?

Anwar al-Awlaki

Before the assassination of Anwar al-Awlaki slips off the media’s radar screen, I hope we insist on one important question being answered: What, precisely, did Awlaki do to warrant his being killed by American forces?

I am not particularly concerned with Awlaki’s U.S. citizenship. He left the United States and joined a terrorist organization, Al Qaeda, against which the United States essentially declared war in 2001. As Bob Woodward reported in the Washington Post 10 years ago:

Since the Ford administration, all presidents have signed an executive order banning the CIA or any other U.S. government agency from involvement in political assassination. Generally speaking, lawyers for the White House and the CIA have said that the ban does not apply to wartime when the military is striking the enemy’s command and control or leadership targets.

And as Scott Wilson wrote in the Post on Friday, “citizenship is not a factor in determining whether a person can be lawfully killed under the laws of war.”

But I think we ought to know whether Awlaki was merely a propagandist for terror or if, as U.S. officials contend, he was actually involved in planning and operations. If any evidence has been released, I haven’t seen it.

Scott Shane wrote in the New York Times on Friday that Awlaki “participated in plots to blow up a Detroit-bound airliner in 2009 and to bomb two cargo planes last year” and “was fighting alongside the enemy in the armed conflict with Al Qaeda.” If those statements are true, I think the White House owes it to us — and to the world — to release whatever proof it has gathered.