Surprised in this otherwise excellent obit of legendary journalist Neil Sheehan, the @nytimes didn't mention that the Nixon admin tried to charge Sheehan and his wife Susan under the Espionage Act *after* the Pentagon Papers Supreme Court case. nytimes.com/2021/01/07/bus…
The Pentagon Papers Supreme Court ruling is, of course, a landmark First Amendment opinion. But it's bizarre to me that the Nixon admin actually tried to *criminally charge* Sheehan for his reporting, and the case is almost lost to history.
One of the only descriptions of the Espionage Act grand jury investigation into Neil Sheehan, besides in the @nytimes archives, is this 2011 @dailybeast piece by former NYT general counsel James Goodale. It is an absolutely remarkable story. thedailybeast.com/wikileaks-prob…
After Nixon lost the Pentagon Papers Supreme Court case, he was enraged and still wanted the NYT prosecuted. While @DanielEllsberg's grand jury was happening in LA, federal prosecutors opened up an investigation into Sheehan in Boston for "conspiracy to violate the Espionage Act"
The grand jury investigating both Sheehan and his wife Susan, who was a writer at the @NewYorker, subpoenaed several famous journalists and academics, including David Halberstam, Noam Chomsky, and Howard Zinn. thedailybeast.com/wikileaks-prob…
The @nytimes was so sure Sheehan was going to get charged, it drafted a statement condemning the indictment that never came. The only reason it didn't? The journalists and academics subpoenaed almost universally refused to comply. thedailybeast.com/wikileaks-prob…
This is yet another reason why it's vital for reporters to oppose the US government's case against Julian Assange. He's charged with the same crime Nixon tried to go after Sheehan with. Given the opportunity, future presidents will try try the same thing. thedailybeast.com/wikileaks-prob…
Basically the only other place online you can read details. about the grand jury investigating reporter Neil Sheehan for "conspiracy to violate the Espionage Act" is in the @nytimes archives from the early 1970s. nytimes.com/1971/07/15/arc…nytimes.com/1971/11/01/arc…
You can also read about this forgotten, yet incredibly important, aspect of the Pentagon Papers case in Sanford Ungar's excellent book "The Papers and the Papers." Unfortunately it's out of print, so it's hard to come by. amazon.com/Papers-Account…
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Hard to call this a true victory for press freedom, given the judge's disregard for journalists' rights in the ruling. But it's a huge sigh of relief. If the US can't prosecute Assange, it means there won't precedent criminalizing newsgathering. And that's a very good thing.
I get it, people hate Assange. Criticize him all you want!
But please also acknowledge every single major press freedom group in the US: the criminal case against him is INCREDIBLY DANGEROUS for reporters—even if you don’t think Assange is a journalist! freedom.press/news/press-fre…
Here’s Bruce Brown—@rcfp exec. director—writing that the Assange case is "the first time in American history that the US gov't has sought to prosecute the act of publishing state secrets, something that national security reporters do with some regularity" cjr.org/opinion/assang…
I wrote for @genmag at @medium: The Trump whistleblower case shows why leaks are vital for democracy.
The whistleblower himself didn't leak classified info, but others did—pushing the story further every day until it became the biggest in the country. gen.medium.com/trumps-ukraine…
@GENmag@Medium Classified leaks published by news orgs forced Dems to move on impeachment, forced Trump to release the call, forced the DNI to submit to Congress, and forced the complaint itself to be declassified.
Without leaks, it's possible this story would have been buried and forgotten.
@GENmag@Medium The brave person or people who leaked the contents of the whistleblower complaint before it was declassified broke the same law @Snowden did. The DOJ could prosecute them.
This is CRAZY. Journalists were inadvertently given a list of police misconduct reports via a public records request. The California AG is now saying the journalists are breaking the law by merely *possessing* the documents and threatened legal action. eastbaytimes.com/2019/02/26/cal…
When I first read the article, I thought it must have been overstating things. But it's not -- read the full, threatening letter the California AG's office sent the journalists: scribd.com/document/40050…
In a statement to @FreedomofPress today, California AG @XavierBecerra's office doubled down on their contention that the reporters here are breaking the law by possessing documents about police criminal convictions. We'll have a story up about it in the morning.