Sunday, October 10, 2004

My Kingdom for a Source

Is the Bush Administration attacking the press by having a federal judge hold New York Times reporter Judith Miller in contempt for failing to reveal a source?

That's the spurious allegation raised in Saturday's Los Angeles Times by Tim Rutten. Let's be fair and quote Mr. Rutten accurately. "When a federal judge Thursday held New York Times reporter Judith Miller in contempt for refusing to answer questions before a grand jury investigating the leak of a covert CIA agent's identity, the Bush administration's war against the press entered a chilling new phase."

The problem with this silly allegation is that it makes no sense. The Bush administration has been under fire since the day that the story that leaked the covert CIA agent's identity was printed. Everyone within shouting distance of the Beltway is convinced that the leaker is a key member of the administration. So, how can the Bush Administration be attacking the press by having the Justice Department pursue an investigation when if the investigation is successful in revealing the identity of the leaker it can only harm President Bush?

Now when it comes to Mr. Rutten's argument that the need for a free press to be able to protect its sources is of more importance than the needs of this investigation to move forward, I am in total agreement. The right of a journalist to be able to offer confidentiality to a source is critical and protected by law in a number of states. Unfortunately, such protection doesn't exist at the federal level.

But you can't have it both ways. You can't attack the Bush administration for leaking the woman's name and then attack them again for pursuing an investigation to punish the leaker.