The New York Times
The unholy alliance between Kenneth Starr's office and the press
The dissemination of grand jury leaks violates the law as well as the journalist's moral and professional ethos.
The outpouring of information (and disinformation) from Kenneth Starr’s grand jury seems to be regarded by most Washington journalists as a piqata party, with everyone grabbing for goodies — and some, most notably reporters for the Wall Street Journal and the Dallas Morning News, turning up with big booby prizes. Reporters and pundits — who apparently consider leaks from official sources to be their professional birthright — have barely deigned to notice that the leaking of grand jury material is not only a felony, it involves a violation of the very constitutional rights the American press is supposed to defend.
President Clinton’s lawyers have noticed, of course, and gone to court this week in what will probably turn out to be a futile attempt to penalize Starr, whom they blame for the leaks. Taking umbrage at such accusations, the independent counsel says he’ll get to the bottom of this leaking problem. Given his expenditure of well over $30 million since August 1994, getting to the supposed bottom of the Whitewater land deal, nobody has dared to estimate the potential cost and time line of a Starr-led leaks investigation. And almost nobody has mentioned the conflict of interest Starr faces in a probe of his own office. (Isn’t that exactly the same kind of conflict we try to avoid by appointing independent counsels?) Presumably the byword of Starr’s internal investigation will be, as the paranoid commie-hunter in Bob Dylan’s classic “Talking John Birch Society Blues” frets when he finally decides he must investigate himself: “Hope I don’t find out nothin’!”
While it’s unlikely the leaks from Starr’s grand jury will stop, there is a real moral issue for editors and producers about using them. Many, however, think the idea of refusing leaks is utterly ridiculous. Frank Rich summed up this attitude in his New York Times column on Feb. 11 when he called leaks “a legitimate source of news.” Without them, he contended, “We’d never know what anyone in Washington was up to.” Like many pundits, the former theater critic is in over his head when discussing the nuances of what passes for “investigative reporting.” There is in fact a big difference between a grand jury leak and any other kind.
That difference was summed up, ironically enough, in the juxtaposition of two columns attacking Clinton in the New York Post on the same day that Rich’s column appeared. In the first, former New Republic editor and perennial Clinton-hater Michael Kelly pompously declared: “There are a great many laws on the books of this country, many of them onerous and some of them odious. Nevertheless, we are all required to obey them all.” Kelly mentions several of these laws, but not the prohibition against violating grand jury secrecy.
Abutting Kelly’s rant was a piece by Washington Post syndicated columnist Richard Cohen, arguing that the White House protest about leaks from the Starr grand jury is a diversion that echoes the last gasps of Spiro Agnew. “Patriotism may be the resort of a scoundrel, but yelling about leaks is a close second.” In other words, we all should obey all the laws all the time — unless we are members of the press colluding with a prosecutor to violate grand jury secrecy.
As anyone who has done investigative reporting knows, prosecutors rarely divulge grand jury testimony, partly because they are afraid to do so and partly because they know it is wrong. The flood of stories from inside Starr’s jury room is unusual, and therefore particularly suspect. It is obvious that some of the leaks about testimony linking Monica Lewinsky to the president, for example, were intended to put pressure on Lewinsky and her lawyer while Starr was trying to negotiate an immunity agreement with them. Should reporters participate in this kind of unlawful maneuvering by a prosecutor for the sake of an “exclusive” news story? Should they — and their editors — abet the commission of a felony by government officers because they want a scoop?
It is morally bankrupt to argue that such compromises are made in the interest of the public’s right to know. Journalists would argue strenuously that the public has no inherent right to know their sources, and there are even “shield laws” in some states intended to protect the secrecy of sources under most circumstances. Why shouldn’t reporters respect the right of citizens to secrecy when they testify before a grand jury? If under the Constitution there are some things that people don’t have “the right to know,” such as a journalist’s sources, then logically there may be other things — such as a witness’s grand jury testimony — the public just doesn’t have the right to know either.
Taking stenography from a venal prosecutor is not exactly the highest form of investigative reporting. While there may sometimes be reason to accept testimony or documents produced before a grand jury that has already completed its work — such as in the investigation of a political figure — it is hard to think of an example when a leak from a sitting grand jury has measurably advanced the public interest. Real investigative journalism may well result in grand jury proceedings, but it almost never begins there.
Besides, there are terrible reportorial problems with grand jury leaks. In most instances they cannot be double-sourced or checked in any way, especially when they are part of a competitive, fast-breaking story. The only source is likely to be a prosecutor or investigator, whose word usually must be accepted without further confirmation or documentation. (Unusual as grand jury leaks are, the leaking of transcripts or other documents is ever more rare.) Basing a story on a single source is always a risky proposition, particularly if the source is a prosecutor leaking as a tactic against a potential defendant or witness like Lewinsky. The end result — as the Dallas Morning News and the Wall Street Journal discovered when they went with a story that there was an eyewitness to Clinton-Lewinsky sex — can be an embarrassing retraction that would never have resulted from a double-checked, better-sourced story.
Yet the most important reasons for journalists to reject illegal leaks from prosecutors are not practical. They are moral and constitutional. In a country where the rights and privileges of a free press are meant to protect the people from government abuse, what justifies the collusion between prosecutors and reporters in violating a citizen’s rights — even if he or she happens to be the president?
Joe Conason blogs in Salon several times a week and writes a weekly column for the New York Observer. His latest book is "It Can Happen Here: Authoritarian Peril in the Age of Bush." More Joe Conason.
We don’t need truth vigilantes
But we do need good political reporting, and the media's rote repetition of Santorum's JFK lies fell short
Rick Santorum and John F. Kennedy (Credit: AP/Wikipedia) New York Times public editor Arthur Brisbane got a lot of grief last month for a blog post in which he asked readers whether the Times ought to be “a truth vigilante.” I didn’t join the pile-on, because truth be told, I kind of understood what he was getting at. Sure, “truth vigilante” is a shrill, easily mocked term: It doesn’t take “vigilantism” to get at the truth, only good reporting. But there can be questions for editors and reporters about how far is too far – what’s good reporting, and what’s hectoring? What’s debunking, and what’s partisan water-carrying? (Also, I don’t like the practice of mocking people for asking questions, even when we think the answer should be obvious. Better that Brisbane ask than to ignore the issue entirely.) I can understand why some cases aren’t clear.
Continue Reading CloseJoan Walsh is Salon's editor at large. More Joan Walsh.
Anthony Shadid, the best of his generation
The NYT reporter, acclaimed for his unparalleled coverage of the Middle East, died in Syria on Thursday
Anthony Shadid, winner of the 2010 Pulitzer Prize for International Reporting with The Washington Post (Credit: AP) WARSAW, Poland — I woke up this morning to the news that Anthony Shadid has died — apparently of an asthma attack — while on assignment in Syria. Whether you knew his byline or not, the loss is incalculable.
I can speak in absolutes about the quality of his work. No one reported the Middle East with greater clarity and nuance than Shadid. No one brought the humanity of the people of the region, people who live in a perpetual state of stress even when they are living in the comparative comfort of Beirut and Tel Aviv, to the wider world with a surer touch than Anthony.
Continue Reading CloseWhat David Brooks gets right about the left
Relying on a mic check to make strategy is a big mistake
David Brooks, philosophe As he often does, in his column Friday New York Times columnist David Brooks offered what looks like a “nonpartisan” analysis. Social movements, he warned, are suffering because everyone thinks they should make up their own belief system. Unless you’re Nietzsche, Brooks advises, this is a guarantee of failure. Every man is not a political genius.
It’s not a hard task to figure out whom Brooks is really criticizing: Occupy Wall Street. But it’s not alone. The democratization of ideology is vastly more tempting to the self-inventing liberal left than to the authoritarian right. Nobody does emotionally consistent talking points like the conservative right. Nobody does “whatever floats your boat” like the liberal left. The belief that every man is a philosopher makes progressives vastly more vulnerable to the destructive dynamic Brooks describes. It is an irony Brooks would appreciate that the left acts more like the right believes (and vice versa).
Continue Reading CloseLinda Hirshman is the author of “Victory: The Triumphant Gay Revolution,” forthcoming in June 2012. Follow her on Twitter @LindaHirshman1 More Linda Hirshman.
The “education crisis” myth
Ignore the media spin. Wages and working conditions -- not skills -- are the real reasons jobs get outsourced
A production line in Suzhou Etron Electronics Co. Ltd's factory in Suzhou, China on June 8, 2010 (Credit: Reuters) Has the term “education” become a code word? And if so, a code word for what?
These are the major unasked — but resoundingly answered — questions to emerge from two much-discussed articles about the future of American manufacturing. One is a cover story in the Atlantic Monthly about why jobs are being shipped overseas. It concludes that “to solve all the problems that keep people from acquiring skills would require tackling the toughest issues our country faces” — the first of those being “a broken educational system.” The second and even more talked about article comes from the New York Times. It looked at why Apple Computer has moved its production facilities overseas, concluding in sensationalistic fashion that “it isn’t just that workers are cheaper abroad” but that America “has stopped training enough people in the mid-level skills that factories need.”
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David Sirota is a best-selling author of the new book "Back to Our Future: How the 1980s Explain the World We Live In Now." He hosts the morning show on AM760 in Colorado. E-mail him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com. More David Sirota.
Newspapers, “truth vigilantes” no more
The NYT's fact-checking question was absurd, but the real problem is that the press has lost its credibility
(Credit: Library of Congress/U.S. Farm Security Administration) Time was when newspaper journalists prided themselves on being working stiffs: skeptical, cynical and worldly-wise. “If your mother says she loves you, check it out.” I’ve always preferred the unofficial motto of my native New Jersey: “Oh yeah, who says?”
Fact-check politicians? Here’s how H.L. Mencken saw things in 1924: “If any genuinely honest and altruistic politician had come to the surface in my time I’d have heard of him, for I have always frequented newspaper offices, and in a newspaper office the news of such a marvel would cause a dreadful tumult.”
Continue Reading CloseArkansas Times columnist Gene Lyons is a National Magazine Award winner and co-author of "The Hunting of the President" (St. Martin's Press, 2000). You can e-mail Lyons at eugenelyons2@yahoo.com. More Gene Lyons.
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