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Terri
02-03-2006, 09:51 AM
Has the New York Times Violated the Espionage Act?

Gabriel Schoenfeld
Commentary Magazine

“Bush Lets U.S. Spy on Callers Without Courts.” Thus ran the headline of a front-page news story whose repercussions have roiled American politics ever since its publication last December 16 in the New York Times. The article, signed by James Risen and Eric Lichtblau, was adapted from Risen’s then-forthcoming book, State of War.1 In it, the Times reported that shortly after September 11, 2001, President Bush had “authorized the National Security Agency [NSA] to eavesdrop on Americans and others inside the United States . . . without the court-approved warrants ordinarily required for domestic spying.”

Not since Richard Nixon’s misuse of the CIA and the IRS in Watergate, perhaps not since Abraham Lincoln suspended the writ of habeas corpus, have civil libertarians so hugely cried alarm at a supposed law-breaking action of government. People for the American Way, the Left-liberal interest group, has called the NSA wiretapping “arguably the most egregious undermining of our civil liberties in a generation.” The American Civil Liberties Union has blasted Bush for “violat[ing] our Constitution and our fundamental freedoms.”

More (http://www.commentarymagazi ne.com/Production/files/schoenfeld0306advanc e.html)

jim verdolini
02-03-2006, 11:44 AM
This is one heck of a good read. If the administration allows this to pass without prosecution, they deserve the leaks and treason. http://www.gopusa.com/iB_html/non-cgi/emoticons/rock.gif

TGImRepublican
02-03-2006, 01:24 PM
<table border="0" align="center" width="95%" cellpadding="0" cellspacing="0"><tr class="standard"><td>Quote </td></tr><tr class="standard"><td class="QUOTE">Under the protections provided by the First Amendment of the Constitution, do journalists have the right to publish whatever they can ferret out?[/QUOTE]

Of course not. Ethics, which are sorely lacking at the Times and with the Dems mentioned in the article, should come into play for anything prior to going to press.

<table border="0" align="center" width="95%" cellpadding="0" cellspacing="0"><tr class="standard"><td>Quote </td></tr><tr class="standard"><td class="QUOTE"> The War Department and the Justice Department raised the question of criminal proceedings against the Tribune under the Espionage Act of 1917[/QUOTE]

Why should the Times be treated differently from the Tribune in the 40's? It should not.
The Tribune may have escaped prosecution then but with todays sophisticated information system the Times story definately made it to the Middle East and those who would harm the US.

While the writer acknwledges the difficulty in prosecution of the Times, I feel the Times should be held accountable and responsible for its follies.

rangerrebew
02-05-2006, 11:56 AM
Nothing, NOTHING, in this country is supposed to be above the law. The freedom of the press doesn't entitle them to be above the law any more than human sacrifices in the name of a religion are above the law.

Charie
02-13-2006, 07:06 PM
This really is excellent information.

<table border="0" align="center" width="95%" cellpadding="0" cellspacing="0"><tr class="standard"><td>Quote </td></tr><tr class="standard"><td class="QUOTE">one must have acted “willfully.” Yet this key term is itself ambiguous—“one of the law’s chameleons,” as it has been called. Does it mean merely acting with awareness? Or does it signify a measure of criminal purposiveness? In light of these and other areas of vagueness in the statutes, it is hardly surprising that, over the decades, successful prosecution of the recipients and purveyors of leaked secret government information has been as rare as leaks of such information have been abundant.
[/QUOTE]

In this particular case, I think &quot;wilfully&quot; has been well-documented. They were asked by the president, himself, not to publish this story and they did it anyhow. If this isn't wilful, I don't know wilful.

There is no doubt that what the Times and Risen did was espionage and I do hope the Attorney General pursues this to the furthest limit of the law.