Every time I see another column whining about the absence of a reporter's privilege, I become more convinced that jail time for certain journalists should be not only a possibility, but mandatory. The latest idiot to weigh in on the topic is that tired-ass Broder-with-a-beard, Richard Cohen. Cohen's column is both illogical and ill-informed. He writes:
Outing an undercover agent is against the law. It could be dangerous for the agent.
It turns out, though, that it has been much more dangerous to the press. Plame, at last report, was doing splendidly, posing for pictures in Vanity Fair and otherwise not running for her very life.
Well, since she hasn't been killed yet, and she's only lost her career, let's just forget the whole thing. Let's do away with that silly crime of "attempted murder" while we're at it. When has that ever hurt anyone?
The special counsel, the Justice Department's own Patrick J. Fitzgerald, has either questioned or attempted to question all manner of reporters, but two stand in special jeopardy -- Matthew Cooper of Time and Judith Miller of the New York Times. What distinguishes them is that neither had anything to do with the leak to Novak. Still, they both face jail terms (as much as 18 months) for refusing to reveal their sources.
As any dumbfuck besides Cohen can tell you, the potential crime was disclosing Valerie Plame's identity to anyone, regardless of whether that anyone subsequently wrote about it. Disclosing the identity of a covert operative to Cooper and Miller would be separate crimes, so it's irrelevant whether they knew about the leak to Novak (or "had anything to do with" it).
At the moment things are a bit spooky. It's not clear why Cooper was subpoenaed. It's not clear why Miller was subpoenaed. It's not clear if Novak ever was or, if so, what he did about it. What is abundantly clear is that somehow a targeted investigation has gone wildly off track, with reporters apparently being asked to account for stories they have not even written.
Follow that? Cohen says, I know nothing about the grand jury investigation, but I know that it's gone wildly off-track.
Congress, the epicenter of leaks, had better set some rules to protect journalists who protect their sources.
Congress had better ... or what? Cohen will write more crappy columns condemning them for not doing so? That will bring them to their knees.
In the meantime, the press ought to remember never to call for a special prosecutor. The trouble with them is that they are, as designed, above politics -- which too often means common sense and compromise. Maybe if Fitzgerald were a politician, like Ashcroft, he would appreciate the value of a leak and how it has become an intrinsic part of our democracy.
Poor Bill ... a special prosecution without a blowjob to liven things up. Politicians -- and reporters should be above the law, unless there's a hummer involved.
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