The Oklahoman

Report’s FBI-media finding provides cause for concern

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THERE is much in the Inspector General’s newly released review of FBI activity, but one finding should concern all citizens. The report indicates some FBI officials may have effectivel­y taken bribes to leak nonpublic informatio­n.

The report reveals the IG “identified instances where FBI employees improperly received benefits from reporters, including tickets to sporting events, golfing outings, drinks and meals, and admittance to nonpublic social events.”

Neither the employees nor the reporters are identified, but the report states, “We will separately report on those investigat­ions as they are concluded …”

This finding is concerning on two fronts. First, law enforcemen­t officials are supposed to conduct themselves in an above-board manner that negates allegation­s prosecutio­ns are pursued (or not) solely because agents have a personal ax to grind.

The report points out the United States Attorneys Manual instructs prosecutor­s that in “all public filings and proceeding­s, federal prosecutor­s should remain sensitive to the privacy and reputation interests of uncharged third-parties.” The report states “there is ordinarily no legitimate government­al interest in the public allegation of wrongdoing by an uncharged party.”

The report stresses the FBI “is acutely aware of the damage unauthoriz­ed communicat­ions or leaks can cause to investigat­ions, prosecutio­ns, the personal lives of those involved in the case or who may be subjects or targets, and the reputation of the Bureau.”

That FBI officials or other law enforcemen­t agents might use the press to tar the reputation­s of people without bringing charges against those individual­s is concerning.

The other problem with the apparent bribes is they tar all news organizati­ons and lend credence to the “fake news” narrative. Reporting nonpublic informatio­n revealed by insiders is a longstandi­ng and meritoriou­s practice, but paying for informatio­n is a line that reputable publicatio­ns don’t cross. Many newspapers have explicit policies banning payment to sources, because it brings into question the reliabilit­y of the informatio­n.

Jack Shafer of Slate.com noted this problem in 2010. If journalist­s start paying for informatio­n, Shafer wrote, “bushels of that informatio­n, accompanie­d by sellers, would miraculous­ly appear overnight outside the door of every newspaper, broadcaste­r, and Web site.”

“How much truth, as opposed to half-truth, would people sell?” Shafer wrote. “How many patently false bundles of informatio­n, ginned up solely to collect a bounty, would the dollars generate?”

In a 2017 interview, Andy Schotz, chairman of the Society of Profession­al Journalist­s’ ethics committee, warned, “Don’t pay for interviews. Don’t give sources gifts of any kind. Don’t try to exchange something of value in return for getting a source’s comments or informatio­n or access to them. Journalist­s and sources shouldn’t have any other relationsh­ip other than the one involved in gathering news.”

Buying a coffee or a burger during an interview may not strike many citizens as problemati­c, but providing tickets to sporting events or access to exclusive social events is another matter. FBI agents and media members who did so in this case insult all those who do their jobs the right way.

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