The Associated Press isn't the only media outlet livid over Justice Department spying and snooping. The New York Times editorial board has written a scathing response to revelations of secret monitoring, calling it a fishing expedition to intimidate whistleblowers.
The Obama administration, which has a chilling zeal for investigating leaks and prosecuting leakers, has failed to offer a credible justification for secretly combing through the phone records of reporters and editors at The Associated Press in what looks like a fishing expedition for sources and an effort to frighten off whistle-blowers.
We are not convinced. For more than 30 years, the news media and the government have used a well-honed system to balance the government’s need to pursue criminals or national security breaches with the media’s constitutional right to inform the public. This action against The A.P., as the Reporters Committee for Freedom of the Press outlined in a letter to Mr. Holder, “calls into question the very integrity” of the administration’s policy toward the press.
The records covered 20 phone lines, including main office phones in New York City, Washington, Hartford, and the Congressional press gallery. The guidelines for such subpoenas, first enacted in 1972, require that requests for media information be narrow. The reporters’ committee said this action is so broad that it allowed prosecutors to “plunder two months of news-gathering materials to seek information that might interest them.”
The Obama administration has indicted six current and former officials under the Espionage Act, which had previously been used only three times since it was enacted in 1917. One, a former C.I.A. officer, pleaded guilty under another law for revealing the name of an agent who participated in the torture of a terrorist suspect. Meanwhile, President Obama decided not to investigate, much less prosecute, anyone who actually did the torturing.
The Justice Department is pursuing at least two major press investigations, including one believed to be focused on David Sanger’s reporting in a book and in The Times on an American-Israeli effort to sabotage Iranian nuclear works. These tactics will not scare us off, or The A.P., but they could reveal sources on other stories and frighten confidential contacts vital to coverage of government.
Yesterday during testimony on Capitol Hill, Attorney General Eric Holder refused to comment on this case saying it was an "ongoing investigation" and that he "knows nothing" because he "recused himself early on."
The question remainining is, did the Department of Justice only target AP reporters? Or did they secretly monitor reporters and editors from other outets as well?