Eugene Robinson, no rabid right-winger, takes the Obama administration to task in his latest column for conducting criminal investigations of journalists’ activities.
The Obama administration has no business rummaging through journalists’ phone records, perusing their emails and tracking their movements in an attempt to keep them from gathering news. This heavy-handed business isn’t chilling, it’s just plain cold.
It also may well be unconstitutional. In my reading, the First Amendment prohibition against “abridging the freedom … of the press” should rule out secretly obtaining two months’ worth of the personal and professional phone records of Associated Press reporters and editors, including calls to and from the main AP phone number at the House press gallery in the Capitol. Yet this is what the Justice Department did.
The unwarranted snooping, which was revealed last week, would be troubling enough if it were an isolated incident. But it is part of a pattern that threatens to redefine investigative reporting as criminal behavior.
The Washington Post reported Monday that the Justice Department secretly obtained phone and email records for Fox News reporter James Rosen, and that the FBI even tracked his movements in and out of the main State Department building. Rosen’s only apparent transgression? Doing what reporters are supposed to do, which is to dig out the news.
In both instances, prosecutors were trying to build criminal cases under the 1917 Espionage Act against federal employees suspected of leaking classified information. Before President Obama took office, the Espionage Act had been used to prosecute leakers a grand total of three times, including the 1971 case of Daniel Ellsberg and the Pentagon Papers. Obama’s Justice Department has used the act six times. And counting.
