Michael Kinsley-The Cult of the Source

[realFedUp]

http://www.latimes.com/news/printedition/opinion/la-oe-kinsley10oct10,1,6149248.column

The Cult of the Source
Michael Kinsley

October 10, 2004

The reporters being subpoenaed over who leaked an undercover CIA operative's name and those facing actual jail time for refusing to reveal their sources are friends of mine. Or at least they were until this column. I do not want them to go to jail.

The problem is this: Should it be illegal for a government official to reveal the identity of an undercover CIA agent? Most reasonable people, including most reporters, would probably say yes. Lives can be at stake. But for all practical purposes, such a law (which in fact we have) is unenforceable if a government official chooses to reveal the agent's identity to a journalist, and the journalist ignores a subpoena to testify about it.

One of the farcical aspects of this investigation, conducted by a special prosecutor and costing millions of dollars, is that there is no mystery. At least half a dozen prominent people know for sure who did the leaking. Just reading the newspapers, it sure seems as if everyone in Washington thinks one of the leakers is some guy in the vice president's office named Skippy, or Snapper. Or something.

"Everyone in Washington thinks" is a good enough standard for most purposes. But not for a criminal prosecution. For that, you need evidence beyond a reasonable doubt. And if the crime consists of a private conversation between two people, you need at least one of them to 'fess up. The government official is protected against self-incrimination by the 5th Amendment. If the journalist has an absolute right and an absolute duty to shield the identity of a source, both sides of the conversation are immune and prosecution is impossible.

continued

PS...he doesn't think these journalists should
hide the source this time.

[Inland]

1. I agree.

[realFedUp]

2. me too.

Novak helped pull the trigger.

[bloom]

3. That does lay it out clearly -

Seems to me that journalists could be held equally accountable for outing CIA people and at least that way someone who could be prosecuted would be accountable.

It would also give prosecutors a plea bargaining chip in being able to get the source.

[Me.]

4. Good Find

Thanks!

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x2408386

[Me.]

5. OOps! The Link Is For The Plame Thread.

[KoKo]

6. This article is a great read. Kinsley poses an interesting question about

"media rights." When is it a good thing and when not..