It’s not paranoia if they ARE out to get you


The Washington Post’s Dan Eggen reported yesterday that

A federal grand jury in Alexandria has issued a subpoena seeking information about the confidential sources of a newspaper journalist who wrote in a 2006 book about alleged CIA efforts to infiltrate Iran’s nuclear program.

The Jan. 24 subpoena ordered the reporter, James Risen of the New York Times, to appear before the grand jury next Thursday, said David N. Kelley, Risen’s attorney. Kelley, a former U.S. attorney in New York, said Risen plans to resist the order.

Glenn Greenwald then correctly described Attorney General Michael Mukasey’s involvement and the dangers presented by this tactic:

Although there are still facts missing — such as whether this Subpoena was actually approved by Mukasey rather than Gonzales — it’s hard to avoid the conclusion that the Grand Jury Subpoena was done at least with Mukasey’s assent. It seems rather clearly to signify the intent of his Justice Department to more aggressively pursue reporters who disclose information embarrassing to the President.

It’s hard to overstate how threatening this behavior is. The Bush administration has erected an unprecedented wall of secrecy around everything it does. Beyond illegal spying, if one looks at the instances where we learned of lawbreaking and other forms of lawless radicalism — CIA black sites, rendition programs, torture, Abu Ghraib, pre-war distortion of intelligence, destruction of CIA torture videos — it is, in every case, the by-product of two forces: government whistleblowers and reporters willing to expose it.

Grand Jury Subpoenas such as the one issued to Risen have as their principal purpose shutting off that avenue of learning about government wrongdoing — the sole remaining avenue for a country plagued by a supine, slothful, vapid press and an indescribably submissive Congress. Mukasey has quickly demonstrated that he has no interest in investigating and pursuing lawbreaking by high government officials, but now, he (or at least the DOJ he leads) seems to be demonstrating something even worse: a burgeoning interest in investigating and pursuing those who expose such governmental lawbreaking and turning those whistleblowers and investigative journalists into criminals.

This is yet another example of this administration improperly using the force of law, i.e., investigation, prosecution and jailing of its critics, to cover its track. Risen is on his way to being Siegelmanned, which is exactly what I’m trying to avoid by remaining anonymous. Especially since I don’t have the resources of Simon & Schuster available to me like Risen does.

Greenwald added this in an update:

An emailer sums up the situation nicely:

So, let me see if I get this straight. The Congress issues subpoenas to former [and current] Bush officials to testify about administration conduct. Said officials ignore the subpoenas. Nothing happens.

Administration, via grand jury, issues subpoena, Risen is threatened with jail.

What’s wrong with this picture?

That’s rather accurate.

This is one of the few points from Greenwald with which I disagree. Anyone, whether a resident of Texas or not, can file a grievance against Harriet E. Miers. Furthermore, if you are an attorney licensed by the Texas Bar Association, you have an ethical obligation to report misconduct. Rule 8.03 Reporting Professional Misconduct, Texas Disciplinary Rules of Professional Conduct (large .pdf file).

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