Examining Doj's Investigation of Journalists Who Publish Classified Information: Lessons from the Jack Anderson Case
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Geopolitics, Oil Law Reform, and Commodity Market Expectations
OKLAHOMA LAW REVIEW VOLUME 63 WINTER 2011 NUMBER 2 GEOPOLITICS, OIL LAW REFORM, AND COMMODITY MARKET EXPECTATIONS ROBERT BEJESKY * Table of Contents I. Introduction .................................... ........... 193 II. Geopolitics and Market Equilibrium . .............. 197 III. Historical U.S. Foreign Policy in the Middle East ................ 202 IV. Enter OPEC ..................................... ......... 210 V. Oil Industry Reform Planning for Iraq . ............... 215 VI. Occupation Announcements and Economics . ........... 228 VII. Iraq’s 2007 Oil and Gas Bill . .............. 237 VIII. Oil Price Surges . ............ 249 IX. Strategic Interests in Afghanistan . ................ 265 X. Conclusion ...................................... ......... 273 I. Introduction The 1973 oil supply shock elevated OPEC to world attention and ensconced it in the general consciousness as a confederacy that is potentially * M.A. Political Science (Michigan), M.A. Applied Economics (Michigan), LL.M. International Law (Georgetown). The author has taught international law courses for Cooley Law School and the Department of Political Science at the University of Michigan, American Government and Constitutional Law courses for Alma College, and business law courses at Central Michigan University and the University of Miami. 193 194 OKLAHOMA LAW REVIEW [Vol. 63:193 antithetical to global energy needs. From 1986 until mid-1999, prices generally fluctuated within a $10 to $20 per barrel band, but alarms sounded when market prices started hovering above $30. 1 In July 2001, Senator Arlen Specter addressed the Senate regarding the need to confront OPEC and urged President Bush to file an International Court of Justice case against the organization, on the basis that perceived antitrust violations were a breach of “general principles of law.” 2 Prices dipped initially, but began a precipitous rise in mid-March 2002. -
Case 1:13-Cv-03994-WHP Document 42-1 Filed 09/04/13 Page 1 of 15
Case 1:13-cv-03994-WHP Document 42-1 Filed 09/04/13 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AMERICAN CIVIL LIBERTIES UNION; AMERICAN CIVIL LIBERTIES UNION FOUNDATION; NEW YORK CIVIL LIBERTIES UNION; and NEW YORK CIVIL LIBERTIES UNION FOUNDATION, Plaintiffs, v. No. 13-cv-03994 (WHP) JAMES R. CLAPPER, in his official capacity as Director of National Intelligence; KEITH B. ALEXANDER, in his ECF CASE official capacity as Director of the National Security Agency and Chief of the Central Security Service; CHARLES T. HAGEL, in his official capacity as Secretary of Defense; ERIC H. HOLDER, in his official capacity as Attorney General of the United States; and ROBERT S. MUELLER III, in his official capacity as Director of the Federal Bureau of Investigation, Defendants. BRIEF AMICI CURIAE OF THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS AND 18 NEWS MEDIA ORGANIZATIONS IN SUPPORT OF PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION Of counsel: Michael D. Steger Bruce D. Brown Counsel of Record Gregg P. Leslie Steger Krane LLP Rob Tricchinelli 1601 Broadway, 12th Floor The Reporters Committee New York, NY 10019 for Freedom of the Press (212) 736-6800 1101 Wilson Blvd., Suite 1100 [email protected] Arlington, VA 22209 (703) 807-2100 Case 1:13-cv-03994-WHP Document 42-1 Filed 09/04/13 Page 2 of 15 TABLE OF CONTENTS TABLE OF AUTHORITIES .......................................................................................................... ii STATEMENT OF INTEREST ....................................................................................................... 1 SUMMARY OF ARGUMENT…………………………………………………………………1 ARGUMENT……………………………………………………………………………………2 I. The integrity of a confidential reporter-source relationship is critical to producing good journalism, and mass telephone call tracking compromises that relationship to the detriment of the public interest……………………………………….2 A There is a long history of journalists breaking significant stories by relying on information from confidential sources…………………………….4 B. -
United States Court of Appeals for the SECOND CIRCUIT
Case 14-2985, Document 88, 12/15/2014, 1393895, Page1 of 64 14-2985-cv IN THE United States Court of Appeals FOR THE SECOND CIRCUIT In the Matter ofd a Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corporation, MICROSOFT CORPORATION, Appellant, —v.— UNITED STATES OF AMERICA, Appellee. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK BRIEF OF AMICI CURIAE MEDIA ORGANIZATIONS IN SUPPORT OF APPELLANT LAURA R. HANDMAN ALISON SCHARY DAVIS WRIGHT TREMAINE LLP 1919 Pennsylvania Avenue NW, Suite 800 Washington, DC 20006 (202) 973-4200 Attorneys for Amici Curiae Media Organizations Case 14-2985, Document 88, 12/15/2014, 1393895, Page2 of 64 OF COUNSEL Indira Satyendra David Vigilante John W. Zucker CABLE NEWS NETWORK , INC . ABC, INC . One CNN Center 77 West 66th Street, 15th Floor Atlanta, GA 30303 New York, NY 10036 Counsel for Cable News Network, Counsel for ABC, Inc. Inc. Richard A. Bernstein Andrew Goldberg SABIN , BERMANT & GOULD LLP THE DAILY BEAST One World Trade Center 555 West 18th Street 44th Floor New York, New York 10011 New York, NY 10007 Counsel for The Daily Beast Counsel for Advance Publications, Company LLC Inc. Matthew Leish Kevin M. Goldberg Cyna Alderman FLETCHER HEALD & HILDRETH NEW YORK DAILY NEWS 1300 North 17th Street, 11th Floor 4 New York Plaza Arlington, VA 22209 New York, NY 10004 Counsel for the American Counsel for Daily News, L.P. Society of News Editors and the Association of Alternative David M. Giles Newsmedia THE E.W. SCRIPPS COMPANY 312 Walnut St., Suite 2800 Scott Searl Cincinnati, OH 45202 BH MEDIA GROUP Counsel for The E.W. -
N Ieman Reports
NIEMAN REPORTS Nieman Reports One Francis Avenue Cambridge, Massachusetts 02138 Nieman Reports THE NIEMAN FOUNDATION FOR JOURNALISM AT HARVARD UNIVERSITY VOL. 62 NO. 1 SPRING 2008 VOL. 62 NO. 1 SPRING 2008 21 ST CENTURY MUCKRAKERS THE NIEMAN FOUNDATION HARVARDAT UNIVERSITY 21st Century Muckrakers Who Are They? How Do They Do Their Work? Words & Reflections: Secrets, Sources and Silencing Watchdogs Journalism 2.0 End Note went to the Carnegie Endowment in New York but of the Oakland Tribune, and Maynard was throw- found times to return to Cambridge—like many, ing out questions fast and furiously about my civil I had “withdrawal symptoms” after my Harvard rights coverage. I realized my interview was lasting ‘to promote and elevate the year—and would meet with Tenney. She came to longer than most, and I wondered, “Is he trying to my wedding in Toronto in 1984, and we tried to knock me out of competition?” Then I happened to keep in touch regularly. Several of our class, Peggy glance over at Tenney and got the only smile from standards of journalism’ Simpson, Peggy Engel, Kat Harting, and Nancy the group—and a warm, welcoming one it was. I Day visited Tenney in her assisted living facility felt calmer. Finally, when the interview ended, I in Cambridge some years ago, during a Nieman am happy to say, Maynard leaped out of his chair reunion. She cared little about her own problems and hugged me. Agnes Wahl Nieman and was always interested in others. Curator Jim Tenney was a unique woman, and I thoroughly Thomson was the public and intellectual face of enjoyed her friendship. -
Race in the Age of Obama Making America More Competitive
american academy of arts & sciences summer 2011 www.amacad.org Bulletin vol. lxiv, no. 4 Race in the Age of Obama Gerald Early, Jeffrey B. Ferguson, Korina Jocson, and David A. Hollinger Making America More Competitive, Innovative, and Healthy Harvey V. Fineberg, Cherry A. Murray, and Charles M. Vest ALSO: Social Science and the Alternative Energy Future Philanthropy in Public Education Commission on the Humanities and Social Sciences Reflections: John Lithgow Breaking the Code Around the Country Upcoming Events Induction Weekend–Cambridge September 30– Welcome Reception for New Members October 1–Induction Ceremony October 2– Symposium: American Institutions and a Civil Society Partial List of Speakers: David Souter (Supreme Court of the United States), Maj. Gen. Gregg Martin (United States Army War College), and David M. Kennedy (Stanford University) OCTOBER NOVEMBER 25th 12th Stated Meeting–Stanford Stated Meeting–Chicago in collaboration with the Chicago Humanities Perspectives on the Future of Nuclear Power Festival after Fukushima WikiLeaks and the First Amendment Introduction: Scott D. Sagan (Stanford Introduction: John A. Katzenellenbogen University) (University of Illinois at Urbana-Champaign) Speakers: Wael Al Assad (League of Arab Speakers: Geoffrey R. Stone (University of States) and Jayantha Dhanapala (Pugwash Chicago Law School), Richard A. Posner (U.S. Conferences on Science and World Affairs) Court of Appeals for the Seventh Circuit), 27th Judith Miller (formerly of The New York Times), Stated Meeting–Berkeley and Gabriel Schoenfeld (Hudson Institute; Healing the Troubled American Economy Witherspoon Institute) Introduction: Robert J. Birgeneau (Univer- DECEMBER sity of California, Berkeley) 7th Speakers: Christina Romer (University of Stated Meeting–Stanford California, Berkeley) and David H. -
The Case Study of Crossfire Hurricane
TIMELINE: Congressional Oversight in the Face of Executive Branch and Media Suppression: The Case Study of Crossfire Hurricane 2009 FBI opens a counterintelligence investigation of the individual who would become Christopher Steele’s primary sub-source because of his ties to Russian intelligence officers.1 June 2009: FBI New York Field Office (NYFO) interviews Carter Page, who “immediately advised [them] that due to his work and overseas experiences, he has been questioned by and provides information to representatives of [another U.S. government agency] on an ongoing basis.”2 2011 February 2011: CBS News investigative journalist Sharyl Attkisson begins reporting on “Operation Fast and Furious.” Later in the year, Attkisson notices “anomalies” with several of her work and personal electronic devices that persist into 2012.3 2012 September 11, 2012: Attack on U.S. installations in Benghazi, Libya.4 2013 March 2013: The existence of former Secretary of State Hillary Clinton’s private email server becomes publicly known.5 May 2013: o News reports reveal Obama’s Justice Department investigating leaks of classified information and targeting reporters, including secretly seizing “two months of phone records for reporters and editors of The Associated Press,”6 labeling Fox News reporter James Rosen as a “co-conspirator,” and obtaining a search warrant for Rosen’s personal emails.7 May 10, 2013: Reports reveal that the Internal Revenue Service (IRS) targeted and unfairly scrutinized conservative organizations seeking tax-exempt status.8 -
The Obama Administration and the Press Leak Investigations and Surveillance in Post-9/11 America
The Obama Administration and the Press Leak investigations and surveillance in post-9/11 America By Leonard Downie Jr. with reporting by Sara Rafsky A special report of the Committee to Protect Journalists Leak investigations and surveillance in post-9/11 America U.S. President Barack Obama came into office pledging open government, but he has fallen short of his promise. Journalists and transparency advocates say the White House curbs routine disclosure of information and deploys its own media to evade scrutiny by the press. Aggressive prosecution of leakers of classified information and broad electronic surveillance programs deter government sources from speaking to journalists. A CPJ special report by Leonard Downie Jr. with reporting by Sara Rafsky Barack Obama leaves a press conference in the East Room of the White House August 9. (AFP/Saul Loeb) Published October 10, 2013 WASHINGTON, D.C. In the Obama administration’s Washington, government officials are increasingly afraid to talk to the press. Those suspected of discussing with reporters anything that the government has classified as secret are subject to investigation, including lie-detector tests and scrutiny of their telephone and e-mail records. An “Insider Threat Program” being implemented in every government department requires all federal employees to help prevent unauthorized disclosures of information by monitoring the behavior of their colleagues. Six government employees, plus two contractors including Edward Snowden, have been subjects of felony criminal prosecutions since 2009 under the 1917 Espionage Act, accused of leaking classified information to the press— compared with a total of three such prosecutions in all previous U.S. -
Legal Dilemmas Facing White House Counsel in the Trump Administration: the Costs of Public Disclosure of Fisa Requests
LEGAL DILEMMAS FACING WHITE HOUSE COUNSEL IN THE TRUMP ADMINISTRATION: THE COSTS OF PUBLIC DISCLOSURE OF FISA REQUESTS Peter Margulies* INTRODUCTION Not every presidential administration can forge a new brand of government lawyering. Historically, government lawyering has swung between two poles: (1) dialogic lawyering, which stresses reasoned elaboration, respect for institutions, and continuity with unwritten norms embodied in past practice; and (2) insular lawyering, which entails opaque definitions, disregard of other institutions, and departures from unwritten norms.1 Because President Trump regularly signals his disdain for institutions, such as the intelligence community, and unwritten norms, such as prosecutorial independence,2 senior lawyers in the White House have added a new mode of legal representation that entails ad hoc adjustments to President Trump’s mercurial decisions and triage among the presidential decisions they will try to temper. Call it: lifeboat lawyering. Lifeboat lawyering, as practiced by Donald F. McGahn II—the first White House Counsel of the Trump administration3—and others, involves * Professor of Law, Roger Williams University School of Law. B.A., Colgate University; J.D., Columbia Law School. I thank Bob Bauer and participants at the Fordham Law Review Colloquium on The Varied Roles, Regulation, and Professional Responsibility of Government Lawyers for comments on a previous draft. For more information on the Colloquium, which was hosted by the Fordham Law Review and the Stein Center for Law and Ethics on October 12, 2018, at Fordham University School of Law, see Bruce A. Green, Lawyers in Government Service—a Foreword, 87 FORDHAM L. REV. 1791 (2019). 1. See Peter Margulies, Reforming Lawyers into Irrelevance?: Reconciling Crisis and Constraint at the Office of Legal Counsel, 39 PEPP. -
In Defense of the American Surveillance State
IN DEFENSE OF THE AMERICAN SURVEILLANCE STATE Dr. Gabriel Schoenfeld* ABSTRACT The term “American surveillance state” is something that has come into use by fierce critics of U.S. government counterterrorism efforts, efforts that necessarily contain surveillance as a critical element. A body of opinion has emerged arguing that thanks to the ubiquitous eyes of the National Security Agency, the Central Intelligence Agency, the Federal Bureau of Investigation, the Department of Homeland Security, and thanks also to the widespread distribution of myriad new forms of surveillance technology, privacy in America is being destroyed and George Orwell’s dark vision of Big Brother is on its way to realization. This Article rejects this characterization, and asserts that current counterterrorism efforts are an effective and appropriate response to ongoing threats. While history teaches us the government may at times overstep its bounds, even in today’s current national security climate the U.S. government’s approach is less intrusive than it has been in the past and is critical for protecting the safety of the American people. ARTICLE The term “American surveillance state” is something that has come into use by fierce critics of U.S. government counterterrorism efforts, efforts that necessarily contain surveillance as a critical element.1 A body of opinion has emerged arguing that thanks to the ubiquitous eyes of the National Security Agency, the Central Intelligence Agency, the Federal Bureau of Investigation, the Department of Homeland Security, and thanks also to the widespread distribution of myriad new forms of surveillance technology, privacy in America is being destroyed and George Orwell’s dark vision of Big Brother is on its way to realization.2 * Senior Fellow, Hudson Institute. -
Crime,” Chapter 4 of Ruling Tactics (Sparsnäs, Sweden: Irene Publishing, 2017), Available At
Brian Martin “Crime,” chapter 4 of Ruling Tactics (Sparsnäs, Sweden: Irene Publishing, 2017), available at http://www.bmartin.cc/pubs/17rt/ 4 Crime Murder, theft, assault, burglary—these are staples of news coverage. People hear a lot about crime, and nearly every- one thinks it’s a bad thing. Yet there are huge differences in ways different actions are labelled as crime and in the attention they receive. The first distortion is that most attention is given to low-level crime, the sort that hurts a few people and is carried out by relatively powerless individuals. This includes many murders, which attract a lot of attention. Indeed, so potent is murder for attracting attention that it has become a staple of news coverage as well as crime novels and television shows: think of Agatha Christie and CSI and many others like them. Murder is usually thought of as something done by an evil person, who needs to be tracked down, proven guilty and punished. Most despicable of all is the serial killer who preys on victims over a period of years. Yet there is another sort of crime that usually escapes the spotlight, and those responsible are seldom identified or exposed, much less ever prosecuted and convicted. This is crime by those with a lot of power. Let’s start with corporate crime. Corporate executives may enact policies that predictably kill people, sometimes large numbers of people. They may hide evidence show- ing how many people are dying due to their actions. Crime 41 A classic example involved the Ford Pinto. -
Conference 2014 with Keynote Speaker Eric Lichtblau of the New York Times
KILEAK WI S, S, W E IR N E O T R A P D P , I A N T G A , D H G A I C B K , I N A - S G N SURVEILLANCE, SECURITY AND JOURNALISMJOURNALISM ETHICSETHICS THE UW-MADISON CENTER FOR JOURNALISM ETHICS PRESENTS CONFERENCE 2014 WITH KEYNOTE SPEAKER ERIC LICHTBLAU OF THE NEW YORK TIMES MAY 2, 2014 UNION SOUTH The Center for Journalism Ethics Welcome to a day that promises to be filled with thought-provoking discus- Advisory sion of some of the most significant Board issues ever to face journalism and gov- ernment: Who has what obligations to Tom Bier whom in most appropriately resolving Kathy Bissen conflicts between the public’s need James E. Burgess for both information and privacy in a Scott Cohn self-governing society and the need Rick Fetherston to protect citizens and the state from Welcome Peter D. Fox serious harm? from Robert E. Lewis Friedland Drechsel Journalists find themselves at the cen- Martin Kaiser ter of the debate in many ways. They James E. Burgess Jeff Mayers provide a critical conduit for informa- Chair in Journalism Ethics tion the public and sometimes the Jack Mitchell government itself need to develop and John Smalley deploy sound policy. But while gathering information, journal- Carol Toussaint ists may themselves become targets of government surveil- Owen Ullmann lance. And journalists, too, engage in surveillance, since that Richard Vitkus in part is what it means to gather news. New and surrepti- tiously intrusive technological tools are available to all parties, Lee Wilkins and the very definition of journalist and journalism is in flux. -
Who Watches the Watchmen? the Conflict Between National Security and Freedom of the Press
WHO WATCHES THE WATCHMEN WATCHES WHO WHO WATCHES THE WATCHMEN WATCHES WHO I see powerful echoes of what I personally experienced as Director of NSA and CIA. I only wish I had access to this fully developed intellectual framework and the courses of action it suggests while still in government. —General Michael V. Hayden (retired) Former Director of the CIA Director of the NSA e problem of secrecy is double edged and places key institutions and values of our democracy into collision. On the one hand, our country operates under a broad consensus that secrecy is antithetical to democratic rule and can encourage a variety of political deformations. But the obvious pitfalls are not the end of the story. A long list of abuses notwithstanding, secrecy, like openness, remains an essential prerequisite of self-governance. Ross’s study is a welcome and timely addition to the small body of literature examining this important subject. —Gabriel Schoenfeld Senior Fellow, Hudson Institute Author of Necessary Secrets: National Security, the Media, and the Rule of Law (W.W. Norton, May 2010). ? ? The topic of unauthorized disclosures continues to receive significant attention at the highest levels of government. In his book, Mr. Ross does an excellent job identifying the categories of harm to the intelligence community associated NI PRESS ROSS GARY with these disclosures. A detailed framework for addressing the issue is also proposed. This book is a must read for those concerned about the implications of unauthorized disclosures to U.S. national security. —William A. Parquette Foreign Denial and Deception Committee National Intelligence Council Gary Ross has pulled together in this splendid book all the raw material needed to spark a fresh discussion between the government and the media on how to function under our unique system of government in this ever-evolving information-rich environment.