STFU: Fox News Lacks Moral Authority On The DOJ’s Leak Investigations

There have long been complex debates about the propriety of government inquiring into private information in the course of criminal investigations. And the potential for harm to national security further complicates issues that test constitutional principles. However, ever since the Supreme Court ruled in 1971 that the publication of the Pentagon Papers was not actionable, it has been recognized that the press cannot be legally constrained from reporting information it receives from government insiders, even if those sources are improperly disclosing classified data.

The core legal concept here is that the source may be a legitimate target of an investigation for violating laws protecting classified data, but that reporters are simply doing their jobs. If a journalist is not suspected of having broken a law, he cannot be subject to invasive inquiries. Consequently, it may be entirely permissible to subpoena the phone records of a leaker, but not the reporter to whom he leaked.

Given the still incomplete record of what occurred with the Associated Press and Fox News, the Justice Department appears to have overstepped its bounds in examining the phone records of journalists. If it turns out that the journalists acted unlawfully (i.e. solicited classified data in exchange for cash or other favors), that would implicate the reporter as a co-conspirator, but as yet there is no evidence of that. And absent any such exception, the DOJ needs to come clean, acknowledge its mistakes, reaffirm its commitment to the law, and punish those responsible for the gross prosecutorial abuse.

That said, it is utterly ridiculous for Fox News to display such furious indignation over these events considering their past with regard to far worse behavior. The Washington Post, CBS News, and pretty much any other news organization can and should pursue this story aggressively, but Fox really needs to shut the fuck up.

Picture this: Fox News is going nuts about a couple of dozen reporters having their phone records examined by law enforcement officials seeking information about someone suspected of leaking national security secrets. Bear in mind that there was no wiretapping, listening in, or recording of any conversations, just a listing of the calling histories. And even that was not done until after having received permission from a judge. Over that Fox is shouting “SCANDAL” at the top of their lungs.

But there is nary a peep about other Rupert Murdoch-owned entities hacking into the phones, email, and computers of hundreds of private citizens, royals, celebrities, politicians, and even a kidnapped schoolgirl who later turned up dead. That unambiguously criminal activity resulted in dozens of arrests and the shuttering of the highest circulation newspaper in England. Fox not only soft-peddled this historically scandalous story, they openly suppressed it on their own air:

Fox News has been devoting unprecedented airtime to the DOJ story, while engaging in wild and baseless speculation to associate the White House with allegedly improper activities. But their feverish obsession with tarnishing the President and others makes a mockery of journalistic ethics. When Fox devotes equal time to the still ongoing scandal in their own house, then they might be taken seriously when they report on the bad behavior of others.

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14 thoughts on “STFU: Fox News Lacks Moral Authority On The DOJ’s Leak Investigations

  1. No. Fox News does not need to shut up. And they won’t. The latest scandal regarding the Obama administration targeting James Rosen has taken this to staggering levels. Even uber-liberal columnist Eugene Robinson is fighting mad over this one. Meanwhile, your credibility sinks even lower; I think it’s currently 200 feet below sea level. You must be blogging from Death Valley.

    • Well, it’s easy to see the trolls get started early. Scott, you completely missed the whole point regarding FoxNoise’s own hypocrisy. When the company’s OWNER (Rupert Murdoch) was being investigated in the UK for REAL violations of privacy, FoxNoise did NOT cover a single second of THAT news story. But, because of the network’s decidedly anti-Obama attitude, it suddenly takes great offense–and makes itself part of the news (something that the far-right attacked Woodward & Bernstein over during the Watergate investigations–funny how Woodward seems to have forgotten that)–at one of its “investigators” possibly illegal actions (something that even a judge noted, as reported in the Washington Post–hardly a “liberal” bastion) being investigated by the DOJ.

      As the far right is so fond of saying (especially when they were busy conceiving and passing into law the PATRIOT Act), if you’ve got nothing to be guilty of, there’s no problem.

    • Scott, considering how many times you have said that my credibility is non-existent, I think that your concession now that my credibility exists (albeit far below the sea) suggests that you think I’m improving.

      Thank you. I can’t tell you how important it is to have your approval.

  2. The fact that we’re talking about a Fox News reporter should be more of concern being that this specific news organization (I’ll leave the determination of their “news” quality to someone else) is clearly hostile to the current administration – but that isn’t illegal – in fact it’s protected by our constitution. One could argue this is a vendetta – i’m not saying it is as the evidence of what transpired hasn’t been fully determined yet.

  3. As I began to read this post, I was hopeful that Mark might actually take on what is clearly an attack on the press by the DOJ. He did, but just couldn’t be seen to be anything other than an attack dog against FOX News.

    I don’t even disagree with the comments he made about FOX and its poor coverage of the British tabloid investigation, which is similar to the general lack of coverage of the Benghazi attack by the rest of the press and media (until recently). Mark didn’t think it was worthy of an article on the media’s apparent dismissal of that event because it might just point a negative finger at the administration. Ignoring a relevant event by the media is ok, depending on who id doing the ignoring.

    The point is that this issue goes way beyond Mark’s genuine disdain for FOX. I guess he just couldn’t be seen to be on the same side of an issue when it comes to that organization.

    Mark should consider renaming his blog. It is misleading when it purports to be “The Internet’s Chronicle of Media Decay”. It implies he will address the shortcomings of all media when it is clearly not the case.

    • Ferchrissake…I have never banned anyone for being terminally dull, but you are testing my patience. You make the same damn complaint with every comment you post.

      OK, I get it. You think I slam Fox too much. Now get over it or increase your Prozac dosage, because you are obviously obsessed to severe OCD levels. This is my blog and I’ll write about what I want. If you don’t like it, start your own blog.

      If you’re interested in discourse, fine, But if all you can do is complain about my choice of subjects, you will accomplish nothing but boring everyone who reads your comments. You have made your point (like 600 times, and counting). I would think that you would even be boring yourself by now. Why do you even bother to keep reading my articles, which you seem to do religiously?

      • Me, OCD? Perhaps you are projecting what you know to be true about yourself onto me. I’m sure you have more to give the blogosphere than what you do now every day, and sometimes two or three times per day.

        Somehow, I think I’ve begun to get under your skin, Mark. You get to write about what you want. I get to comment as I wish. For sure, I will challenge your positions and will occasionally agree with you, as you have seen. Even in my initial comment I agreed with you.

        As boring as you may find it, it’s important that there be push back on a lot of the drivel you put out. Perhaps I could start a blog, but I have other things that take up much of my time. You, on the other hand, seem to be consumed and obsessed with FOX. I’m starting to worry about you.

        • PLEASE – do push back on my drivel. Just stop making the same repetitive, boring complaint over and over again that has nothing to do with the topic. And yes, nothing gets under my skin more than dull, repetitive whining. C’mon, your can do better than that.

          • Mark, I think we get it; FOX News has an agenda, they often lie or blur the truth so their never-ending propaganda machine can keep their ignorant followers’ senses dulled enough to accept the otherwise crazy positions of the Right.

            I’ll make you a deal; you stop publishing the same tired FOX f**k up o’ the day and I’ll stop commenting.

            Did FOX turn you down for a job at some point to energize you so much that you have made this your life’s work?

          • Mark, I think we (us trolls) misunderstand your purpose here – I was under the false impression you had an interest in honest media across the board – not just Fox News or any other right wing organization. That, of course, was a mistake assuming that – so comments such as those by Mr. Plantada and me previously were assuming you actually give a crap about unbiased reporting. Of course it’s become perfectly clear that you only care about SILENCING right wing outlets while pushing for more left biased media, which of course explains your willingness to overlook the exact same behaviors from MSNBC and any other left leaning outlet. You and the progressive hoard are getting some support now from the Obama administration through the IRS and DOJ – you should be proud you live under such honest leadership (dictatorship).

  4. One thing I’m sure you’ve noticed, Mark, but all three of your trolls have an inherent desire to always have the last word. Similar to being the loudest must mean they’re right. A juvenile trait, to say the least, but I wonder why they keep coming here. I don’t mind them sometimes as they can be entertaining at times but they always sound so butt hurt when you talk so bad about their beloved fox. And let’s face it, they are fox viewers. Why else would they say the things they do?

    I think a whambulance is in order, stat.

    And for the record, I enjoy your posts which is why I visit. If I didn’t, I wouldn’t come here.

    • You come here because Mark tells you what you want to hear – your left wing beliefs are right and everyone else is wrong and/or stupid. You’re a lemming and your stupidity is on display – we’re all fox viewers because we couldn’t possibly believe what we say unless we were brainwashed by Fox News? You are truly closed minded if you believe that – how could anyone not agree with left wing ideology unless they are brainwashed by someone like Fox News? It couldn’t be because your entire belief system is abhorrent to us for other reasons? Not sure there is a lot of Fox defending going on, even from most of us “trolls”. Last word???

    • Bigtoe,

      I didn’t realize I was in the entertainment business. It is just that elitist narcissism that endears you so much to us lesser beings. It must be such a burden to always be right, while abiding us dumb asses just for thinking differently.

      (Please do not construe this to be a juvenile attempt at getting in the last word. It was done purely for entertainment value. Hope you have enjoyed the show.)

  5. The most shocking part of this “scandal” is that someone(James Rosen) at FauxNews was practicing journalism!

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