Yanking the watchdog’s tail

When dealing with the scourges of nonfeasance, misfeasance and malfeasance, governments are inclined to behave like tight-knit clans. They’ll accept tough love from insiders, but nobody is allowed to air dirty laundry in public.

Most so-called “whistleblower” laws provide procedures for government employees to alert their supervisors, or someone else in the chain of command, when questionable things occur.

And, sure, that sounds like a good thing.

But the laws usually contain harsh penalties if an employee, acting out of fear, conscience, or spite, passes the damning information to an outsider. To a news reporter, for instance. And that is why the outlook is not bright for those who would follow in the footsteps of Bradley Manning or Edward Snowden.

The news media now have seen the federal government’s war on leakers expand into a battle against journalists. Last week, Karen Kaiser, in-house counsel with the Associated Press, briefed Pacific Northwest editors about fallout from AP’s 2012 disclosure that U.S. agents foiled an “underwear bomb” plot to destroy an airliner.

The Department of Justice went after the leaker forcefully. The source had indirectly tipped off terrorists in Yemen that they had been infiltrated. But the leak also had embarrassed the White House, which recently pronounced al-Qaida as being “out of business” since the killing of Osama bin Laden.

In its determination to get the leaker, the Department of Justice secretly gathered telephone records from about 20 AP journalists, their homes and offices. (Pause for comic relief: DOJ also pulled phone logs for journalists who had not worked for the AP in years and for a switchboard in one office the AP had closed down.)

In short, Kaiser reported, the DOJ conducted an investigation that broke its own internal rules regarding news media. DOJ had sought a sweepingly broad subpoena rather than narrowly focusing its request. And, by acting in secret, it did not give the AP a chance to resist the subpoena.

When the AP learned about the snooping, the DOJ was left scrambling. It agreed to update and strengthen its rules concerning media surveillance. (Existing guidelines are 40 years old and make no mention of email, web sites or mobile phones.) And bills were introduced in Congress to create a federal shield law to protect the confidential relationship between journalists and their sources. The legislation is still alive but progressing slowly.

Our democracy recognizes the need for news organizations to play a watchdog role. As Kaiser told editors last week, journalists shouldn’t be treated as criminals for doing their jobs.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Opinion

toon
Editorial cartoons for Friday, March 29

A sketchy look at the news of the day.… Continue reading

Initiative promoter Tim Eyman takes a selfie photo before the start of a session of Thurston County Superior Court, Wednesday, Feb. 10, 2021, in Olympia, Wash. Eyman, who ran initiative campaigns across Washington for decades, will no longer be allowed to have any financial control over political committees, under a ruling from Superior Court Judge James Dixon Wednesday that blasted Eyman for using donor's contributions to line his own pocket. Eyman was also told to pay more than $2.5 million in penalties. (AP Photo/Ted S. Warren)
Editorial: Initiative fee increase protects process, taxpayers

Bumped up to $156 from $5, the increase may discourage attempts to game the initiative process.

Schwab: Who was Langerhans? And when’s the ferry to his islets?

The Herald’s resident retired surgeon slices into the anatomy of the etymology of our anatomy.

Comment: Cervial cancer treatable; if you’re screened for it

A screening for cervical cancer can detect cancerous or precancerous cells and direct treatment.

Comment: Framers gave us Goldilocks Constitution; let’s use it

It was meant to be resilient, not perfect, but it has to be used as designed toward workable solutions.

Comment: GOP in Congress isn’t fighting crime; it’s arming it

Budget cuts to the FBI and ATF and other riders have made it easier for criminals to get firearms.

toon
Editorial cartoons for Thursday, March 28

A sketchy look at the news of the day.… Continue reading

Washington state senators and representatives along with Governor Inslee and FTA Administrator Nuria Fernandez break ground at the Swift Orange Line on Tuesday, April 19, 2022 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Editorial: Community Transit making most of Link’s arrival

The Lynnwood light rail station will allow the transit agency to improve routes and frequency of buses.

Protecting forests and prevent another landslide like Oso

Thank you for the powerful and heartbreaking article about the Oso landslide… Continue reading

Boeing’s downfall started when engineers demoted

Boeing used to be run by engineers who made money to build… Continue reading

Learn swimming safety to protect kids at beach, pool

Don’t forget to dive into water safety before hitting the pool or… Continue reading

An image of Everett Mayor Cassie Franklin is reflected in a storefront window during the State of the City Address on Thursday, March 21, 2024, at thee Everett Mall in Everett, Washington. (Ryan Berry / The Herald)
Editorial: State of city address makes case for Everett’s future

Mayor Franklin outlines challenges and responses as the city approaches significant decisions.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.