I’m not one to break out the smelling salts when news outlets rely on anonymous sources. Important investigative stories are often based on unnamed insiders, as was the case with The Atlantic’s recent exposé of FBI Director Kash Patel’s drinking and erratic behavior. Reporter Sarah Fitzpatrick interviewed more than two dozen sources and sought comment from both the FBI and the White House.
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But I thought some of the sourcing around Director of National Intelligence Tulsi Gabbard’s announcement that she would resign was just plain shoddy. Let’s start with Jonathan Landay and Erin Banco of Reuters, who wrote on Friday: “A source familiar with the matter said that Gabbard had been forced out by the White House.”
Thus on the basis of one anonymous source did Reuters assert that Gabbard was lying when she claimed she was leaving in order to take care of her husband, who, she said, has been diagnosed with bone cancer.
Interestingly, The New York Times account, by Dustin Volz and Julian E. Barnes, directly contradicts Reuters, saying: “Mr. Trump did not force Ms. Gabbard to resign on Friday, according to people familiar with the matter, but her standing and influence within the White House had continued to erode in recent months.”
Now, I don’t know how many sources are covered by “people,” but it’s more than one.
Finally, there’s this Associated Press report, by Meg Kinnard, Will Weissert and David Klepper: “There had been rumblings that Gabbard would split with Trump after the president’s decision to strike Iran, which caused some division within his administration.”
Rumblings? OK. Actually, maybe we can let that go, since we’ve all seen reports in recent months that Gabbard wasn’t on board with the Iran war. Still, the passive-tense construction doesn’t give any indication of where these “rumblings” have been coming from. The White House? The Pentagon? Who knows?
Decisions over when it’s acceptable to rely entirely on anonymous sources are always fuzzy, but the real reason that Gabbard is leaving isn’t important enough to try to report it on the basis of light sourcing in real time. A story based on multiple sources reporting on what really happened would be welcome — and there was no need to try to break that story in the immediate aftermath of her resignation.
Despite the Trump regime’s ongoing attempts to dismantle the First Amendment, there are important checks that remain in place. Libel protections against frivolous lawsuits remain strong — as long as news organizations use them rather than caving in to Donald Trump’s threats. Prior restraint is almost unheard of.
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One aspect of press freedom that has been left outside the walls of the First Amendment, though, is a recognition that journalists need to protect their anonymous sources and confidential documents. Forty-nine states, including Massachusetts, provide some protection. But the federal government does not. And one of former Attorney General Pam Bondi’s first actions after Trump returned to the White House was to weaken Justice Department guidelines put in place by her predecessor, Merrick Garland, to make it easier for the government to demand access to that information.
FBI Director Kash Patel’s $250 million libel suit against The Atlantic may prove to be nothing more than bluster. Nevertheless, it’s already raised some interesting issues about ethics and defamation law, and I thought it would be useful to walk through some of them here.
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Patel sued after Sarah Fitzpatrick reported Friday that Patel’s tenure at the FBI has been marred by excessive drinking, lapses in judgment and a shocking lack of discipline. The story, she writes, was based on “more than two dozen people I interviewed about Patel’s conduct, including current and former FBI officials, staff at law-enforcement and intelligence agencies, hospitality-industry workers, members of Congress, political operatives, lobbyists, and former advisers.” There are no named sources who say they’ve had first-hand knowledge of Patel’s alleged misbehavior. Still, that’s a lot of sources.
Barack Obama’s administration threatened reporters with jail if they refused to turn over their confidential sources. But he didn’t order raids on reporters’ homes. Photo (cc) 2024 by Gage Skidmore.
Back in 2012, I wrote an opinion piece for The Huffington Post (now just HuffPost) that I headlined “Obama’s War on Journalism.” The premise was that Barack Obama, like George W. Bush and other presidents before him, was disrespecting the First Amendment’s protection of independent journalism by taking reporters to court and theatening them with jail if they didn’t reveal the identities of White House sources leaking to them.
At least Obama, Bush et al. were following a legal process. As The Associated Press reports, Donald Trump’s FBI, headed by the buffoonish but dangerous Kash Patel, raided the home of a Washington Post journalist to grab what they claimed were classified documents provided by a Pentagon contractor.
The Pearl Street Mall in Boulder, Colo. Photo (cc) 2009 by Lee Coursey.
The FBI got ahead of the story on Sunday, claiming that an outburst of antisemitic violence in Boulder, Colorado, was a “targeted terror attack,” even as local police were saying it was too soon to tell.
As it turned out, the suspect, Mohamed Sabry Soliman, really did appear to be motivated by his hatred of Jews. But it wasn’t a good sign that Trump’s shoot-from-the-hip FBI was claiming to know what was behind the attack even as Boulder Police Chief Stephen Redfearn was holding a news conference in which he said it was too soon to ascribe any motives.
Boulder Police: “we are not calling it a terror attack yet.” They say they are still identifying motive and would be irresponsible to say motive at this point FBI already claimed it’s a “targeted terror attack.”
Soliman is accused of using what Chief Redfearn called “a makeshift flamethrower” to burn people who were walking in support of the Israeli hostages still being held by the terrorist group Hamas. The walks, a regular event in Boulder, are sponsored by an organization called Run for Their Lives.
Soliman reportedly yelled “Free Palestine!” as he carried out his assault at the Pearl Street Mall. Eight people were injured, ranging in age from 52 to 88. I haven’t seen much in the way of details yet, but The Colorado Sun reports that one of those injured is in critical condition.
When local news goes national, it’s always worthwhile to check in on what is being reported on the ground by journalists who really know the area. Here’s a quick roundup, starting with two news outlets in the city of 106,000 as well as a few statewide media organizations.
• The Daily Camera of Boulder is the city’s paper of record. It is also owned by Alden Global Capital, a cost-slashing hedge fund that has consolidated much of its operations at The Denver Post, the state’s major metro; Denver and Boulder are separated by about 30 miles. The Camera and the Post covered the story with a team of four reporters, three from the Post and one from the Camera. Their story was updated at 6:52 a.m. Colorado time. Notable:
Videos showed people rushing to pour water on one victim while others lay collapsed nearby.
“It’s almost like it was a gun of fire,” said Lynn Segal, who witnessed the attack. “It’s like a line of fire.”
• The Boulder Reporting Lab, a nonprofit newsroom, also reported on the attack. The story says it was updated today, but there is no time stamp on it. Notable:
Henry Bonn-Elchoness, 18, was inside Into the Wind, a toy store at 14th and Pearl, when the attack occurred.
“We walked by the crime scene right when it happened,” he said. “We saw smoke…. I didn’t see any fire, but I know that there was fire. They were clearing out people really fast and no one knew what happened for a while.”
He and his friends left and returned about 30 minutes later.
“We saw three older women being put in ambulances,” Bonn-Elchoness said. “It looked pretty bad. They were all awake and coherent, but it seemed worrisome. It was very scary. It was a shock.”
• The Colorado Sun, a large statewide nonprofit based in Denver, posted an updated story today at 6:47 a.m. local time. Notable:
Aaron Brooks, a Jewish Boulder resident, arrived at the Run for their Lives demonstration late Sunday — just moments after the attack. He found a grisly scene.
“I saw smoke on the ground. I saw blood on the ground. I saw smoke coming from a person — literally a human being burning,” he said.
• Colorado Public Radio, a network of stations that reaches about 80% of the state, posted the most recent version of its coverage at 11:06 p.m. Notable:
Boulder City Councilwoman Tara Winer has participated in past Run For Their Lives events and said several of the victims were friends of hers.
“The Boulder Jewish community is close,” she said Sunday. “We’re not monolithic, but we support each other and we’re close.”
Winer said she’s been cursed at and called a ‘Jewish supremacist’ during city council public comment sessions and that the level of vitriol has increased over the past six months.
On Sunday she planned to go ahead with a preplanned event that night marking the Jewish holiday of Shavuot, on the topic of “How our lives have changed since Oct. 7.”
• Axios started a Boulder newsletter late last year, and its story has a good roundup of what people are saying on social media — including a claim by President Trump’s deputy chief of staff, Stephen Miller, that Soliman had “illegally overstayed” a tourist visa.
We are in the midst of a frightening outburst of high-profile terrorist attacks in the U.S. As The New York Times notes, the Colorado incident follows arson on the residence of Pennsylvania Gov. Josh Shapiro and the murder of two Israeli embassy aides in Washington.
Regardless of your position on the war between Israel and Hamas, it is textbook antisemitism to use it as a pretext to assault people who are Jewish. We will see whether FBI Director Kash Patel has any intention of fighting this wave effectively — or if he is content to preen about it on social media.
More: This post has been updated to add Axios Boulder.
