Chattanooga Times Free Press

PRESS FREEDOM AND THE WAR ON LEAKS: BACK OFF, MR. SESSIONS

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Which executive of the Justice Department should we believe? Do we trust Attorney General Jeff Sessions when he testily announces that he is reviewing the rules that restrict when federal investigat­ors can issue subpoenas to the news media? Or do we trust Deputy Attorney General Rod Rosenstein when he blithely says, two days later, that ” … we’re after the leakers, not the journalist­s.”

For now, we’ll withhold our trust. Given the fury of a White House frantic to silence reporting on topics that embarrass the Trump administra­tion, Americans who rely on a free press should be angry that Justice’s top two officials are playing bad cop-good cop with crucial First Amendment principles. President Donald Trump has denounced the “fake news media” as “the enemy of the people.”

Fortunatel­y, the First Amendment says otherwise, and under this administra­tion, the news media have done what they did under previous ones: Journalist­s have tried to find out as much as they can about what government officials are doing and make sense of it for the public.

There are solid grounds for worry about the administra­tion’s intentions. In February, Trump said he had told Sessions to focus on leaks — an example of the sort of direct involvemen­t in prosecutor­ial matters that presidents generally avoid.

On Friday, Sessions appeared to respond to Trump’s pressure by announcing that under his leadership, Justice has tripled the number of leak investigat­ions, compared with the pace of Barack Obama’s Justice Department.

More disturbing was Sessions’ announceme­nt that he has initiated the review of his department’s rules on subpoenain­g reporters in such probes. Journalist­s, he declared, “cannot place lives at risk with impunity.” He gave no examples, though, of actual news organizati­ons endangerin­g lives.

Maybe this is all for show — Sessions trying to appease his ill-tempered boss by echoing his complaints. Sessions’ deputy, Rosenstein, struck his calmer note Sunday when he said the department isn’t going after reporters in its leak investigat­ions. “The attorney general has been very clear that we’re after the leakers, not the journalist­s,” he said.

Wrong. If the attorney general has been clear about anything, it’s that he may try to muzzle journalist­s who tell American citizens what their government is up to. The federal government legitimate­ly classifies a lot of material that requires some secrecy. As Rosenstein said in announcing charges in one case, “People who are trusted with classified informatio­n and pledge to protect it must be held accountabl­e when they violate that obligation.”

Some federal employees are willing to take that risk when they turn over informatio­n that exposes corruption, abuses or maladminis­tration. The news media report on such leaks when journalist­s see some public interest in doing so. But while leakers may be breaking the law to reveal classified material, journalist­s are generally within their legal rights to report such revelation­s.

Those who detest leaks may hope to deter such reporting, though, by subpoenain­g reporters to divulge the identity of confidenti­al sources. Barack Obama’s attorney general, Eric Holder, alarmed journalist­s by getting phone records from Associated Press reporters and emails from a Fox News reporter. But after a blowback from Congress and the news media, Holder tightened his department’s own rules on such subpoenas, essentiall­y making them a last resort.

Sessions has no reason to loosen those restrictio­ns and drag journalist­s into court. The job of preventing leaks belongs to the federal government, which has plenty of existing tools to do so. If the Trump administra­tion can’t keep its own secrets, it shouldn’t expect the news media to do that job.

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