The answer to the New York Times, the
Washington Post and the rest isn’t prosecution: the answer
is to punish the leakers.
There are only two legitimate uses of the power of
government against the American press.
First, as the Supreme Court said in the Pentagon Papers
case, there are some circumstances when prior restraint against
publication can be justified under the First Amendment. When
another situation like the NSA program leak arises, the courts
should be asked to prevent publication when, as in that case, the
media refuses a proper government request to refrain from
publication.
The second is where reporters can and should be compelled
to reveal their sources as in the crusade against the leakers in
the Valerie Plame leak case. Punish the leakers, not the press.
U.S. courts cannot restrain publication by foreign outlets such as
WikiLeaks. For that, self-defense by cyberwar is not only proper,
but our government’s duty.
MikeD| 12.20.10 @ 8:47AM
Other than the definition of SGO, I'm not quite sure what this article is all about. I'm assuming that it is a sort of critique of the "Quack-Thump" abomination being jammed down our throats by reid and pelosi, with the encouragement of 'duck-in-chief' barry the muslim.
Every single slap in the face of the voters that the arrogant democrats shoved through, and even the ones that didn't, should be kept in mind for campaign 2012 by the Republicans. Voters should not be allowed to forget the additional month of sleep deprivation; and another ruined Holiday period, foisted upon us by the dems. If any person in American laughed at the possibility that barry and his boyz would try a 'coup de'tat' to establish the reign of emperor barry the first, this is a reminder that this gang will do ANYTHING to keep, and abuse, power.
The First Amendment is a real problem. It is probably the most important element of the Constitution as far as controlling the government (Although the Second is the insurance policy!) the media has abused the right by becoming a wholly owned subsidiary of the democratic gang of thugs. Frankly, "W" lost me when he chickened out over the new york crimes story on the terrorist funding. He should have dragged every manager, writer, and editor, plus the owners out and frog marched them to jail. At the very least he could have bankrupted them with legal costs. But, I admit I do not have the answer; and I'm sure the Founding Fathers knew that the type of mind that went into journalism would be a dangerous thing to let loose on the streets; but we have no choice; we need them.
Any "democracy" needs two things to survive; a free and unfettered press (media) and an educated electorate. Unfortunately, we have neither. The founders never envisioned a media totally under the thumb of one political party, with the same complete lack or morals, standards, or respect for the truth. (We actually don't have a democracy, it's a representative republic.)
PASS THE BRICKER AMENDMENT!
(As an 'aside: My use of caps, and lack thereof, is dependent on whether the word commands the respect of capitalization. Some, like 'democrat', pelosi', reid', etc... do not deserve capitalization.)
Dave | 12.22.10 @ 9:51AM
12/22/10
And once again I ask myself --"why the he-l bother to vote? I mean ... really."
The tally, so far: .
(a) Extra goodies added into the (so-called) Bush tax cut extensions.
(b) Gays now allowed to sue the military for anything that gets their panties in a wad.
(c) An (alleged) TREATY with the Rooskies that allows our back door to remain open so that al Queda, that stubble faced nutcase in Iran or the sawed off little cretin running North Korea to do anything they da-n well please in preparing to send a few nukes down our smokestack.
So, how'd it all happen? Well, you can blame it all on Da Fuer Obama and his second-command- henchman in charge of American stalags, Colonel Reid, but when you count up the electronic chads punched during final voting on any and/or all of these items -- I'd put the blame squarely on the shoulders of the remaining RINOS sucking up government paychecks and pensions in that white building at the end of Penn Ave.
If this is how "the new Republican" leadeship plans to control their OWN sheep ... I want no part of this elephant barn. None!
Next time (if there is one) I'm going solid --- Tea Party. It can't be a lot worse than this current clown college trying to herd their own flock.
Lord, what a joke.
megapotamus| 12.20.10 @ 9:10AM
There is a bit of jujitsu going on with Jeb's citation of Plame/Wilson. Of course we now know full and well who the supposed "leaker" was, Richard Armitage. We also know that the principal, the first journo to make the controversial revelations, Bob Novak, answered his subpoena and testified in full. Day One. It was the Lefty Press, most exemplified by Judith Miller, who refused to do so. She was of course jailed for contempt. This non-event, the non-leak of a non-secret was the biggest crime against the US since Secession, according to the Plamers. It actually encouraged our Lefty friends to consider treason a serious concept. I don't recall Mr Babbin's position on Libby etc but I think it is safe to say that the concept and practice of disclosing sources is more important than this example. Though using it as a cudgel relies on a respect for consistency in our opposites that demonstrably, they do not possess.
JP| 12.20.10 @ 11:19AM
I agree. The Plame Affair was IMHO one of worst cases of prosecutorial misconduct in recent memory. The GOP reaction was typical. Bush let Libbey wither on the vine, and the Establishment Republicans were too terrorfied to do anything.
Brian Mc| 12.20.10 @ 9:50AM
The current state of affairs in congress reminds me of what transpired as the Clintons' White House staff followed their chief from that venerable abode as he left office. There are not enough negative adjectives for the situation they are promulgating. One can only cry in stunned horror and hope that we might right the ship once they are truly gone.
hardcard| 12.20.10 @ 11:44AM
I wish I could get a refund, I donated my hard earned money to that" POS" scott brown never again will I trust any pollitician thats's a masshole.
Michael L. Hauschild| 12.20.10 @ 11:47AM
Legislation, unlike politicians in office, passes or fails. The resultant composite allows the representative to take credit for the “good,” attribute the “bad” to the opposition, and then all implicated claim credit for “effective compromise.” The fact that no one read the legislation including those legislated upon means nothing, no blame is assessed and the worth of your representative is lost in the hodgepodge of the next “omnibus” dissection of the Constitution.
I had hope that the lesson of the last election would resonate with the “right” faction of Congress. I digress to “right” simply because as I have alluded all “definition” was diffused within the printed (but unread) language of the bills. Bohner and McConnell had the best (first is always best) chance to define their colleagues and they actually stated that the “tax” issue would be addressed with no embellishments.
They lied; instead nearly nine hundred billion dollars of “balanced barter” was incorporated to placate everyone concerned with concerns of re-election, beltway entitlement, or favors owed. Once more the perpetrators escaped, hiding within the reams of lame duck paper.
The next congress will convene soon, beware. The newly elected will be shunted to the sidelines or back rows because they “need to learn the ropes. The grandiose cascade of “new” legislation, constructed to conceal intent, maintain beltway power, and broker the embellishment of influence will continue. Promises will be “nuanced,” campaigns will evolve for the next cycle based on more legislation to moderate and neutralize the last legislation. Nothing will be clarified, nothing will be removed; we will simply enter another cycle of muddling, modifying, and adjustment.
The only positive note I see so far is that the electors will be subjected to the most intense scrutiny ever generated. The electorate is aroused and aware. While I do not think that this will immediately bode well for the public, the Country or will result in re-establishing our Constitution, after all most of those in Washington have not suffered the humiliation of defeat (yet). What it will do is allow the Tea Party to “choose wisely” as to future candidates, maintain a verbal presence from within, and pressurize the political environment.
The playing field has shifted. Even the media, both conservative and liberal, is about to learn that they, much like their Washington establishment comrades, must evolve. Their penchant for establishing candidates by “name dropping” will be the first scrutinized. There are far more of us out here that instead want to “drop names.” Future candidates will be chosen by their focus and clarity, no longer by their relative positional stances, experience, or “balance.”
Compromise is now capitulation, appeasement has become a sign of weakness, and the term partisan will become as meaningless as the demarcation of an aisle.
Rump| 12.20.10 @ 12:23PM
"Begone!Itis not mete that you sit here any longer!!In the name of G-d Go!!!"
Occam's Tool| 12.20.10 @ 2:25PM
"You have sat too long for any good you have been doing lately ... Depart, I say; and let us have done with you. In the name of God, go!"
Lovely, man.
Al Adab| 12.20.10 @ 3:38PM
Are we truely seeking after our Cromwell? The sentiment is however well taken.
John II| 12.20.10 @ 9:48PM
No, we don't need a Cromwell. The bitterness sewn by that colossal ego is still with the Brits, and permanently embedded in the Irish psyche.
I have to admit, though, that the sentiment is apropos, rather like the performance of Richard Harris in the 1970 flick "Cromwell."
Singlehandedly, the intolerable Harris turned me, a dyed-in-the-wool Americano Republican, into a partisan of the Royalists. Besides, Alec Guinness played Charles I with inevitable charm and dignity.
So I guess we need lines like Cromwell's delivered by men of stature like Charles I. Marco Rubio, anyone?
Nick| 12.20.10 @ 11:12PM
Or, former Colonel Allen West?
John II| 12.21.10 @ 12:32AM
Okay by me. Lots of good men and women popping up out there, with gobs of political know-how on top of the good character and good sense--and Florida seems to be producing a bumper crop these days.
A lot of prayers being answered too, I reckon. Seems as if America always starts showing her best when the going gets rough.
Nick| 12.21.10 @ 11:06PM
Amen, John II.
Sixtnpenny| 12.20.10 @ 12:24PM
The tea party phenomena is new to present day politics. I anticipate that beginning 2011, the holdover bunch and new bunch in Congress will be subject to a scrutiny they never anticipated. That oversight is NOT going away and will NOT be forgotten as we roll into the 2012 elections. The tea party common bond of much lower spending is the only thing that keeps me hopeful.
Simon Templar| 12.20.10 @ 1:34PM
The author writes,"I'm sure the Founding Fathers knew that the type of mind that went into journalism would be a dangerous thing to let loose on the streets; but we have no choice; we need them."
First, Assange is not a journalist! This story has nothing to do with journalism. What newspaper or media outlet is he employed by? Second, his actions are not legal and do not fall under the role of a journalist. Secret and classified government documents were stolen; treason on the part of those working at the state department is the REAL story here not the F*ckng documents. Assange is a spy and has been involved in stealing documents from the US Government. This is an international crime.
The astounding and shocking aspect to this story is not the documents per se but this current governments inaction and silent collusion with this Assange and its refusal to investigate and prosecute its own state department. The American public should be calling for impeachment and should be outraged.
MikeD| 12.20.10 @ 2:56PM
Simon; That was my comment, but it had nothing to do with that P.O.S. Assange; but the general, muddleheaded lefty writing the crap that passes for journalism nowadays. Assange is not a journalist, nor is he a reporter. He's merely a self delusional a$$hole who is as much a narcissist as barry the muslim; one of the intellectually inferior who seem to think that notoriety has something to do with achievemt or accomplishment. Hitler, Stalin, and the Rosenbergs were all notorious; but they didn't do anything positive that made them worth any more than dried pig crap in the barnyard.
JP| 12.20.10 @ 1:52PM
Assange isn't an American citizen. You cannot prosecute him as an American -especially if he didn't commit his crimes on US soil. The real culprits are the openly gay, ant-American PFC Manning (who just so happened to hold a TS-SCI Clearence despite his life style and low regard for his chain-of-command), his CO, and the people who granted him his clearences.
And the DOD has had the Cyber Command for sometime now. Why didn't they shut Assange down months ago? If what he did was so damaging, why couldn't Obama or Hillary get the Aussies or the Europeans to toe the line?
Something doesn't quite ring true in all of this.
MikeD| 12.20.10 @ 3:04PM
What has happened to manning? He seems to have disappeared. I wouldn't be surprised if barry the muslim had him sequestered somewhere in anticipation of getting a medal. What makes barry the muslim any less of an America Hater than manning, or assange, for that matter. We are in desperate need of a large number of rails; tons of feathers, and gallons and gallons of hot tar to immerse barry the muslim, pelosi, reid, durbin, and the thousands of other left democrats who deserve nothing more than tar and feathers. (I'd suggest other, more appropriate treatments, but there appear to be laws against advocating those kinds of things for high ranking apparatchiks of the current regime.)
Too Many Tims| 12.20.10 @ 4:21PM
We should be calling this the SHAME DUCK session.
nadaer | 12.20.10 @ 10:42PM
Bradbury had similar instincts. The life of an urbanite never suited him. And whatever virtues he found in the US resided in our rural areas. I will never forget the chapter in the Martian Chronicles which depicted the homecoming of one of the Martian astronauts. Bradbury piled on the small town kitsch in large measure. And Led Tube it was only at the very end did the astronaut realize too late - that it was all an illusion perpetrated by the Martians. I always thought that chapter was a cruel one. But years later I realized that perhaps it was Bradbury's own way of mourning our lost culture.Led Display While I outgrew sci-fi literature I still appreciate Bradbury's skills.
GENE HAUBER| 12.21.10 @ 5:17PM
I AGREE WITH EVERYTHING JED HAS SAID,
I WOULD LIKE TO ADD SOMETHING ALONG THE SAME SPIRIT OF WHAT IS RIGHT EVEN THO THE SUBJECT IS SLIGHTLY DIFFERENT.
A CORRECT READING OF THE FOURTH AMENDMENT TELLS US THAT EVIDENCE IMPROPERLY OBTAINED CAN BE USED TO PROSECUTE, BUT THAT THE COURT CAN ALSO BE HELD ACCOUNTABLE IN A LAWSUIT BROUGHT BY THE DEFENDANT, NOT TO SUPPRESS THE EVIDENCE, BUT ONLY FOR DAMAGES IF THE SEARCH PRODUCES NOTHING.
THE EVIDENCE OF GUILT IS NOT TO BE DISMISSED, EVER. IT'S THERE FOR ALL TO SEE.
IF THE COURTS WISH TO PUNISH ANYBODY FOR WHAT THEY TERM AS "AN ILLEGAL SEARCH AND SEIZURE", THEN IT SHOULD PUNISH THE LAW ENFORCEMENT AGENCY THAT DOES IT, NOT THE PUBLIC.
LET'S GET THE ASININITY OUT OF OUR LAWS!