Why the Jan. 6 panel should tread carefully in seeking Sean Hannity’s testimony

Photo (cc) 2015 by Gage Skidmore

The Jan. 6 select committee’s decision to ask Sean Hannity to testify carries with it a few nettlesome details.

The Fox News star’s lawyer, Jay Sekulow, has already invoked the First Amendment. But there is, in fact, no constitutional protection for journalists who are called to testify in court or, in this case, before a congressional committee. The problem, as the Supreme Court explained in its 1972 Branzburg v. Hayes decision, is that granting such a privilege requires defining who’s a journalist and who isn’t. And the First Amendment belongs to everyone.

That said, the government is generally loath to force journalists to testify because of the chilling effect it would have on the ability of news organizations to operate as independent monitors of power. It would be well within bounds for the committee to decide that Hannity is not a journalist. He was a close confidant of Donald Trump when Trump was president, was a featured speaker at a Trump rally and, in his communications with the White House, made it clear that he was a member of Team Trump.

But this brings us back to one of the central dilemmas of the Trump years. Hannity’s behavior was so over the top that it’s easy to say he’s not a journalist. Still, you can be sure that Trump’s defenders will point to far more ambiguous situations and say, “What about?” Ben Bradlee’s friendship with President John F. Kennedy comes to mind, as does Walter Lippmann, the ultimate insider.

The problem facing members of the select committee is that if they subpoena Hannity and other Fox News personalities, they would do so in the certain knowledge that Republicans will claim a precedent has been set and abuse it as soon as they’re in a position to do so. I have little doubt, for instance, that New York Times executive editor Dean Baquet and former Washington Post executive editor Marty Baron would be forced to testify about their papers’ coverage of the Russia scandal.

Which is why the select committee is hoping that Hannity will accept its invitation to testify voluntarily. If he refuses (as he almost certainly will), then it will have to decide whether to issue a subpoena — a move that could have far-reaching consequences.

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How Kennedy and Obama are alike, for good and for ill

Kennedy with Nikita Khrushchev in 1961

I’m most of the way through Robert Caro’s “The Passage of Power,” the latest in his series of Lyndon Johnson biographies. And I’ve been struck by his description of John F. Kennedy’s governing style, and of the similarities to President Obama.

What they share is a daunting intelligence; level-headedness in moments of confusion and  anxiety, which served them in good stead when high-stakes foreign-policy decisions had to be made quickly (the Cuban missile crisis, the raid on Osama bin Laden’s compound); and the ability to give a terrific speech, undermined to some degree by their aloof detachment.

The downside? Kennedy comes across as utterly clueless in working the levers of power with Congress, a failing he shares with Obama. Yes, it often appears that the Republicans are going to say no to Obama regardless of what he proposes. But Caro describes a coalition of Republicans and conservative southern Democrats in the early 1960s that was no less intractable than the Tea Party Republicans of today.

Kennedy, Caro writes, concluded that working with Congress was hopeless as he watched his tax-cut bill and civil-rights legislation go nowhere. But when Johnson became president, he engaged in a combination of cajoling, flattery and threats that he mastered in the 1950s as Senate majority leader. What Kennedy had seen as the pragmatic acceptance of reality turned out to be a rationalization of his own shortcomings.

Could Obama have gotten more than he has from Mitch McConnell, John Boehner and Eric Cantor? It seems unlikely. But given Bob Woodward’s description of the president’s hapless dealings with the Republican leadership, perhaps a leader more willing to engage with the opposition could have had better results.

Not to get carried away. It’s hard to imagine a better schmoozer in the White House than Bill Clinton. Yet his tax plan was approved without a single Republican vote — and on health care, Obama succeeded where Clinton failed. (I enjoyed Clinton’s speech last week as much as anyone, but his invocation of the 1990s as a time of bipartisan cooperation was pure fiction. I assume the Big Dog hasn’t forgotten that he was impeached for his personal behavior.)

Still, it’s interesting to think about how the past four years might have been different if Obama was a little less JFK and a little more LBJ.

Photo via Wikimedia Commons, from the U.S. Department of State in the John F. Kennedy Presidential Library and Museum, Boston.

An anti-Nixon mole in the control booth?

Just because Richard Nixon was paranoid doesn’t mean they weren’t out to get him.

There is a surprising (to say the least) passage near the top of the New York Times’ obit of movie director Arthur Penn this morning:

Mr. Penn’s direction may have also changed American history. He advised Senator John F. Kennedy during his watershed television debates with Richard M. Nixon in 1960 (and directed the broadcast of the third debate). Mr. Penn’s instructions to Kennedy — to look directly into the camera and keep his responses brief and pithy — helped give Kennedy an aura of confidence and calm that created a vivid contrast to Nixon, his more experienced but less telegenic Republican rival.

George Will, eat your heart out.

I couldn’t find anything amplifying on the Times’ parenthetical aside. But it stands as yet another battle in the decades-long war between Nixon and the media.

Update: Steve Stein solves the mystery.