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View Diary: Report: Holder approved search warrant labeling reporter as a co-conspirator (356 comments)

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  •  You keep talking about a different issue (0+ / 0-)

    I'm not commenting at all on prior restraint, nor about publishing. I'm talking about breaking the law.

    We were not ahead of our time, we led the way to our time.

    by i understand on Sat May 25, 2013 at 09:13:29 PM PDT

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    •  Ok, then how did Risen break the law (0+ / 0-)

      The DOJ has asserted that Risen, who is a real dick by the way, broke the law and was  co-conspirator.

      How is this true?

      That is what I object to.  It is fine to go after the leaker (although we allow the government to over-classify out the ass).  What I am saying is you can't spy on a reporters communications because someone else leaked to him/her wihout any due process.

      You can, as in the case you cited below, compel a journalist to disclose his/her source.  This, as the court wrote, is on a case by case basis and the journalist is only required to appear before a grand jury if he/she has information that could not be obtained in other ways.  The test in legaleze is

      convincingly show a substantial relation between the information sought and a subject of overriding and compelling state interest.
      So if the DOJ would have subpoenaed Risen to testify who his source was then the court would have had to evaluate that test.   They didn't do that, they seized his phone/email records of his source in this AND ALL OTHERS.  That is what I object to.

      I appreciate this debate.  I don't agree but you have disagreed with me without being disagreeable.

      Call your representative and senators and the white house (lack of capitalization intended) to STOP this crazy warmongering with Iran, please.

      by Indiana Bob on Sun May 26, 2013 at 05:14:52 AM PDT

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      •  They can just like they can with anyone. (0+ / 0-)

        That's all I'm saying. Journalists don't have special rights to not be lawfully wiretapped. If a judge agrees, then it happens.

        We were not ahead of our time, we led the way to our time.

        by i understand on Sun May 26, 2013 at 08:54:22 AM PDT

        [ Parent ]

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