Hannity's not a journalist. And he certainly wasn't acting as a journalist when he engaged in these communications.
Just as Chris Cuomo had no right to avoid testifying about his advisory communications with his brother's staff, Hannity has no First Amendment or shield law privilege here.
ag.ny.gov/sites/default/…
Not even a broad shield law like New York's that probably goes beyond what the 1A provides (a SCOTUS majority never having actually recognized such a journalistic privilege) would help Hannity even if it could be invoked against a congressional subpoena (which it can't).
See N.Y. Civ. Rts. L. § 79-h, which limits protection to information obtained for the purpose of publication, broadcast, or other dissemination.
codes.findlaw.com/ny/civil-right…
Hannity wasn't reporting. He was giving political advice. He has no journalistic First Amendment or similar privilege to invoke.
Needless to say, this also doesn't help.
washingtonpost.com/lifestyle/styl…

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More from @gtconway3d

25 Aug 21
"I’ve also noticed a naïveté about some of the commentary on Afghanistan. It presumes that there was a clean solution for the U.S., if only the Biden administration (and, to a lesser extent, the Trump administration) had executed it."
"The commentary never quite spells out what the solution was, though. There is a reason for that: A clean solution probably did not exist."
"The fundamental choice, as my colleague Helene Cooper told me, was between a permanent, low-level U.S. war in Afghanistan — a version of what John McCain once called a 100-year war — and a messy exit."
Read 6 tweets
21 Aug 21
"For 20 years, at a cost of 2,448 American lives and more than 1 trillion taxpayer dollars, we attempted to do what the shopkeeper knew we could not: outlast the Taliban. We built schools and hospitals; we trained, paid and supplied the Afghan military."
"In exchange, we got an Afghan army that laid down its weapons and government leadership that fled the country. By pursuing this full-scale nation-building effort, rather than a small-scale counterterror operation, we gave up what little advantage we ever had over the Taliban."
"As they are fond of saying, '[America] may have all the watches, but [the Taliban] have all the time.'"
Read 5 tweets
9 Aug 21
Received this fundraising email last night from the National Republican Senatorial Committee, urging me to give them money lest the darkness of Democrat mRNA vaccine totalitarianism destroy our great land:
The email linked to a WinRed page that, so very conveniently, prechecked the recurring donation boxes so that the NRSC can regularly take money from people without having to ask.
Freedom from antibodies!
Read 4 tweets
6 Aug 21
OMG
who needs the olympics
Angus is the defending champ
Read 7 tweets
21 Jul 21
Well, this may be the best quote in @CarolLeonnig's and @PhilipRucker's book.
A tfg advisor, on why it was so utterly insane for tfg to think that Pence would end American democracy to keep tfg in the White House:
“It’s the ultimate irony that a guy who acted like a total sycophantic pussy for four years, Trump wants him to be the Six Million Dollar Man at the end. Well, shit, the guy hasn’t stood up to anybody for four years ..."
Read 7 tweets
20 Jul 21
Reading @CarolLeonnig's and @PhilipRucker's book now, and there are scores of examples of this. It's maddening but necessary reading.
oh, look, Trump was "in a frenzy" wanting to fire someone because she said publicly there was going to be a pandemic with, like, lots of people dying but it just wasn't worth arguing with him or telling the public the president was off his rocker
gosh what would we have done without Melania trying to talk her husband into being rational
Read 12 tweets

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