Saturday, December 18, 2010

Journalist Dan Kennedy on Obama's "shameful" war on Wikileaks.

Boston-based journalist and blogger Dan Kennedy contributed a characteristically lucid and well-reasoned commentary to his occasional column in the UK's The Guardian last Thursday. Kennedy is a left-leaning veteran of the all-but-extinct profession of journalism.

One of the hallmarks of Kennedy's work is that his analysis of facts is always dispassionate and informed by historical context. Of particular relevance here is his knowledge of the history of journalism and the first amendment, and their relation 'state secrets'. He does a great job of articulating what is at stake in the White House's participation in, or rather, coordination of, the hysterical effort to vilify and prosecute Assange:
President Obama has decided to pursue a dangerous strategy that could cause irreparable harm to freedom of the press as we know it. According to Charlie Savage of the New York Times, Attorney General Eric Holder is investigating the possibility of prosecuting WikiLeaks founder Julian Assange in connection with the 250,000 diplomatic cables stolen – according to the government – by army private Bradley Manning.

By longstanding first amendment tradition, third parties such as news organisations — even an unconventional one like WikiLeaks — are not prosecuted for publishing leaked material, even if the person who gave it to them broke the law. So, Holder is working on the theory that WikiLeaks "colluded" with Manning, acting not as a passive recipient, but as an active participant in persuading Manning to give up the goods.

The problem is that there is no meaningful distinction to be made. How did the Guardian, equally, not "collude" with WikiLeaks in obtaining the cables? How did the New York Times not "collude" with the Guardian when the Guardian gave the Times a copy following Assange's decision to cut the Times out of the latest document dump?

For that matter, I don't see how any news organisation can be said not to have colluded with a source when it receives leaked documents. Didn't the Times collude with Daniel Ellsberg when it received the Pentagon Papers from him?

[...]

Almost since his inauguration nearly two years ago, Barack Obama has been disappointing liberals, whether it's through his half-measures on the economy and healthcare, his continued pursuit of unpopular wars in Iraq and Afghanistan or his failure to close Guantánamo, the very symbol of Bush-era overreach. Some of those complaints are overwrought. Politics is the art of the possible, and Obama can justifiably claim to have done what's possible in the face of Republican intransigence and the sheer difficulties of what he has faced.

By contrast, the White House's legal war against WikiLeaks is a shameful assault on our guarantee of free speech and a free press. It's ironic that after two years of bogus claims from the right that Obama is dismantling the constitution, now that he really is, the only people who seem to care are on the left.

This is a rare sounding-of-the-alarm from an experienced and sober-minded journalist who really knows what he's talking about.

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