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Obama’s Escalating War on Freedom of the Press


font-family:"Verdana","sans-serif";mso-fareast-font-family:"Times New Roman";
mso-bidi-font-family:"Times New Roman"”>The part of the First Amendment that prohibits “abridging the freedom … of the press” is now up against the wall, as the Obama administration continues to assault the kind of journalism that can expose government secrets. 

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mso-bidi-font-family:"Times New Roman"”>Last Friday the administration got what it wanted — an ice-cold chilling effect — from the Fourth Circuit Court of Appeals, which ruled on the case of New York Times reporter James Risen. The court “delivered a blow to investigative journalism in America by ruling that reporters have no First Amendment protection that would safeguard the confidentiality of their sources in the event of a criminal trial,” the Guardian mso-fareast-font-family:"Times New Roman";mso-bidi-font-family:"Times New Roman";
color:#333333;background:white”>.
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mso-bidi-font-family:"Times New Roman"”>The Executive Branch fought for that ruling — and is now celebrating. “We agree with the decision,” said a Justice Department spokesman. “We are examining the next steps in the prosecution of this case.” The Risen case, and potentially many others, are now under the ominous shadow of the Appeals Court’s pronouncement: There is no First Amendment testimonial privilege, absolute or qualified, that protects a reporter from being compelled to testify … in criminal proceedings.” 

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mso-bidi-font-family:"Times New Roman"”>At the Freedom of the Press Foundation, co-founder Trevor Timm 
the court ruling “the most significant reporter’s privilege decision in decades” and asserts that the court “eviscerated that privilege.” He’s not exaggerating. Press freedom is at stake.

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mso-bidi-font-family:"Times New Roman"”>Journalists who can be compelled to violate the confidentiality of their sources, or otherwise go to prison, are reduced to doing little more than providing stenographic services to pass along the official story. That’s what the White House wants. 

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mso-bidi-font-family:"Times New Roman"”>The federal Fourth Circuit covers the geographical area where most of the U.S. government’s intelligence, surveillance and top-level military agencies — including the NSA and CIA — are headquartered. The ruling “pretty much guts national security journalism in the states in which it matters,” Marcy Wheeler 
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"Times New Roman";mso-bidi-font-family:"Times New Roman"”>. 

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mso-bidi-font-family:"Times New Roman"”>That court decision came seven days after the Justice Department released its “News Media Policies”
line-height:150%;font-family:"Verdana","sans-serif";mso-fareast-font-family:
"Times New Roman";mso-bidi-font-family:"Times New Roman"”> announcing “significant revisions to the Department’s policies regarding investigations that involve members of the news media.” The report offered assurances that “members of the news media will not be subject to prosecution based solely on newsgathering activities.” (Hey thanks!) But the document quickly added that the government will take such action “as a last resort” when seeking information that is “essential to a successful investigation or prosecution.” 

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mso-bidi-font-family:"Times New Roman"”>Translation: We won’t prosecute journalists for doing their jobs unless we really want to. 

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mso-bidi-font-family:"Times New Roman"”>Over the weekend, some news accounts described Friday’s court decision as bad timing for Attorney General Eric Holder, who has scrambled in recent weeks to soothe anger at the Justice Department’s surveillance of journalists. “The ruling was awkwardly timed for the Obama administration,” the New York Times 
line-height:150%;font-family:"Verdana","sans-serif";mso-fareast-font-family:
"Times New Roman";mso-bidi-font-family:"Times New Roman"”>. But the ruling wasn’t just “awkwardly timed” — it was revealing, and it underscored just how hostile the Obama White House has become toward freedom of the press. 

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mso-bidi-font-family:"Times New Roman"”>News broke in May that the Justice Department had 
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mso-bidi-font-family:"Times New Roman"”>At a news conference two months ago, when President Obama refused to say a critical word about his Justice Department’s targeted surveillance of reporters, he touted plans to reintroduce a bill for a federal shield law so journalists can protect their sources. But Obama didn’t mention that he has 
line-height:150%;font-family:"Verdana","sans-serif";mso-fareast-font-family:
"Times New Roman";mso-bidi-font-family:"Times New Roman"”> on a “national security exception” that would make such a law 
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mso-bidi-font-family:"Times New Roman"”>Obama’s current notion of a potential shield law would leave his administration fully able to block protection of journalistic sources. In a mid-May article — headlined “White House Shield Bill Could Actually Make It Easier for the Government to Get Journalists’ Sources” — the Freedom of the Press Foundation
line-height:150%;font-family:"Verdana","sans-serif";mso-fareast-font-family:
"Times New Roman";mso-bidi-font-family:"Times New Roman"”> on the duplicity: As a supposed concession to press freedom, the president was calling for reintroduction of a 2009 Senate bill that “would not have helped the Associated Press in this case, and worse, it would actually make it easier for the Justice Department to subpoena journalists covering national security issues.” 

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mso-bidi-font-family:"Times New Roman"”>Whether hyping a scenario for a shield law or citing new Justice Department guidelines for news media policies, the cranked-up spin from the administration’s PR machinery does not change the fact that Obama is doubling down on a commitment to routine surveillance of everyone, along with extreme measures specifically aimed at journalists — and whistleblowers. 

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mso-bidi-font-family:"Times New Roman"”>The administration’s efforts to quash press freedom are in sync with its unrelenting persecution of whistleblowers. The purpose is to further choke off the flow of crucial information to the public, making informed “consent of the governed” impossible while imposing massive surveillance and other violations of the First, Fourth and Fifth Amendments. Behind the assault on civil liberties is maintenance of a warfare state with huge corporate military contracts and endless war. The whole agenda is repugnant and completely unacceptable.

Norman Solomon is co-founder of and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” 

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