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Naomi Wolf: Use of Espionage Act in WikiLeaks Case Would Amount to Criminalizing Journalism

Click here to view this media Digby has more on this exchange on CNN’s Parker Spitzer and Jeffrey Toobin tying himself in knots trying to defend Attorney General Eric Holder’s statement that the US government might use the Espionage Act to go after Julian Assange and WikiLeaks, so go read her whole post over at Hullabaloo. I just wanted to highlight something Naomi Wolf said during that discussion on how dangerous it is if the government does end up taking that route. SPITZER: And back to Woodward, where does Woodward fit in to this? SHIRKY: So I think that Woodward is not a criminal for publishing leaked documents but I also think that Assange is not a criminal for publishing leaked documents. However, I also, also think that if I’m wrong about that, that the way in which I would be wrong is going through the court system. Not through an extra legal running of WikiLeaks off the network. The damage to me — Jeffrey to your earlier point about the slippery slope, the non-slippery slope argument is the State Department has currently committed itself to making it very difficult for autocratic governments to force information off the Internet. And we’re suddenly providing not just a recipe but a rationale that’s making everyone from Lubchenko (ph) to Kim Jong-il laugh. TOOBIN: But see, you know, again, this is a slippery slope argument. SHIRKY: No. TOOBIN: It is, it is. Because the fact that someone takes United States government documents, secret, no foreign distribution, and says that shouldn’t be on the Internet. To say that North Korea shouldn’t have a free press, to say that Russia shouldn’t allow journalists to — I mean, I think it is easy to draw a distinction between the two. WOLF: Jeff, can I talk about the Espionage Act because that’s really what’s at stake now that they’ve invoked it. I predicted in my book “The End of America” that sooner or later, journalists would be targeted with the Espionage Act in an effort to close down free speech and free criticism of government. And we have a precedent for that. In 1917, the Espionage Act was invoked to go after people like us who are criticizing the first World War. Publishers, educators, editors. Wait, and people were put in prison. They were beaten. One guy got a 10-year sentence for reading the First Amendment. And that intimidation effectively closed down dissent for a decade in the United States of America. The Espionage Act has a very dark and dirty history. And when you start to use the Espionage Act, to criminalize what I’m sure you’ve handled classified documents in your time as a serious journalist, you know perfectly well that every serious journalist has seen or heard about classified information and repeated it. When you start to use the Espionage Act to say reporting is treachery, reporting is spying, it’s espionage, you criminalize journalism. And that’s the history that our country has shown. TOOBIN: I recognize there is that history. And I’m familiar with the red scare, too. America is different now. WOLF: Oh, it’s worse in some ways. TOOBIN: Well, I would disagree. SPITZER: I want to ask Jeff a question though, because I want to come back to this Woodward distinction. You would agree with Clay and Naomi, I think, that Julian Assange would be precisely Bob Woodward if he had been the recipient of these documents, is that correct? TOOBIN: I’d have to know a lot more. SPITZER: But it might be the case. TOOBIN: It well might be the case. SPITZER: OK. So you’re sort of clear articulation of the beginning that he clearly violated something maybe not so much. TOOBIN: I’m not sure. Certainly the attorney general of the United States seems to think criminal — criminal activity was involved here. But I think the wholesale taking of enormous quantities of classified information and putting it on the Internet, even if you don’t put all 250,000 documents on, I think that is a meaningful distinction from what Bob Woodward does. SPITZER: It seems to me that Bob Woodward arguably did something much more egregious. He took real-time decisions about why we were going to war in Afghanistan, the discussions are rationale, where we would go spoke to the most senior political and military officials in the nation and blasted that out in the book. A clear distinction. TOOBIN: Well, again, there is a distinction in part because the president of the United States and the vice president are allowed to declassify anything they want at any time for any reason. So if the president declassified — SPITZER: A lot of people who didn’t have that power were sourced in that book. Seemed to be speaking in clear violation. They, in fact, should be subject to criminal investigations. TOOBIN: I always wondered why — why Woodward gets away with it. It’s an interesting question. (CROSSTALK) PARKER: It’s a fascinating conversation. I have mostly listened as a non-lawyer to these arguments. And I never want to make a case against due process because that seems always the right thing to do. WOLF: Thank you. PARKER: And yet I also want to say the government should be able to shut down people who are giving away secrets that are going to cause people to lose their lives and put in, you know, and cause our own people abroad not to be able to do their work in safety. All right then. Naomi Wolf, Clay Shirky and Jeffrey Toobin, fabulous conversation. Thank you. SHIRKY: Thanks so much. PARKER: And you, too, Eliot Spitzer. We’ll be right back. It’s pretty pathetic that CNN’s supposed “legal analyist” apparently doesn’t have any grasp of history with his as Digby described it, authoritarian views he relayed here. I used to think that Toobin was a little more of a straight shooter than some of the other hacks over at CNN, but not any more after watching this interview.

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Charles Krauthammer Offends Mark Shields by Saying ‘ObamaCare’

Syndicated columnist and PBS contributor Mark Shields got offended Friday when Charles Krauthammer called the President's signature piece of legislation “ObamaCare.” This interestingly came less than ten minutes after Shields apologized to his fellow “Inside Washington” panelists for saying “Christmas season” (video follows with transcript and commentary): read more

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Pakistan Suicide Bomber Kills 43

In apparent response to a Pakistani military action that killed some 40 rebels, a suicide bomber in Pakistan has killed at least 43 people in an attack on a mass of people receiving aid in the northwest town of Khar. —JCL The BBC: A female suicide bomber has killed at least 43 people in an attack on a large crowd receiving aid in north-west Pakistan, officials say. The blast took place in the town of Khar in the Bajaur region, in tribal areas close to the Afghan border—a Taliban and al-Qaeda stronghold. People displaced by fighting had been getting food at a distribution centre. Read more Related Entries December 23, 2010 For Biden, Mission Accomplished December 22, 2010 Speaking Ill of ‘the Best and the Brightest’

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WikiLeaks Suspect’s Health Declining

Pvt. Bradley Manning, who has been held in solitary confinement since June on suspicion of leaking documents to the WikiLeaks site, is reportedly ailing, according to his lawyer, with his health declining for the last four months. Manning is said to have been denied sleep, linens and adequate exercise since he was arrested in June. —JCL The BBC: The only person to visit Wikileaks suspect Pte Bradley Manning in custody other than his lawyer says his health has declined in the past four months. Pte Manning, a US soldier, is being held in solitary confinement in a high-security military prison at Quantico marine base, Virginia. US journalist David House, who has been visiting him since September, told the BBC World Service he looked “frazzled”. Read more Related Entries December 23, 2010 For Biden, Mission Accomplished December 22, 2010 Speaking Ill of ‘the Best and the Brightest’

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North Korea Threatens ‘Holy War’

With bombastic rhetoric and increasing tensions between the two Koreas, North Korea has threatened to use nuclear weapons against the South in a “holy war” as a response to South Korean military exercises near the DMZ. —JCL The Guardian: Tensions on the Korean pensinsula were at their most dangerous level since the 1950-53 war today when North Korea threatened to use nuclear weapons in a “holy war” against its neighbour after South Korean tanks, jets and artillery carried out one of the largest live-fire drills in history close to the border. The military exercise at Pocheon, just south of the demilitarized zone, was the third such show of force this week by South Korea. Multiple rocket-launchers, dozens of tanks and hundreds of troops joined the drills, which the South Korean president, Lee Myung-bak, insisted was necessary for self-defence, following two deadly attacks this year. Last month, two civilians and two marines were killed by a North Korean barrage on Yeonpyeong island following a live-fire drill in disputed territory. In March, 46 sailors died when the South Korean naval ship, Cheonan, was sunk, apparently by an enemy torpedo. “We had believed patience would ensure peace on this land, but that was not the case,” Lee told troops today. He earlier warned that he was ready to order a “merciless counterattack” if further provoked. Read more Related Entries December 23, 2010 For Biden, Mission Accomplished December 22, 2010 Speaking Ill of ‘the Best and the Brightest’

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38 Dead in Christmas Attacks

Attacks in the Philippines and Nigeria have killed at least 38 people as anti-Christian violence came in the form of a series of bomb attacks against churches during Christmas festivities. —JCL Al-Jazeera English: Fresh attacks against Christians in the Philippines and Nigeria have marred Christmas festivities as church leaders condemned religious persecution and called for global peace and reconciliation. As Christian leaders highlighted the plight of believers facing the threat of attacks around the world, a bomb in a church during Christmas mass in the southern Philippines on Saturday wounded 11 people, including a priest. Military officials would not immediately name any suspects in the blast on Jolo island, but the island is a known bastion of the Abu Sayyaf, an al-Qaeda-linked group, blamed for deadly attacks in the Philippines and for kidnapping priests and nuns. Read more Related Entries December 23, 2010 For Biden, Mission Accomplished December 22, 2010 Speaking Ill of ‘the Best and the Brightest’

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From the delightful musical Scrooge (1970). Merry Christmas from all of us at C&L!

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Neil Abercrombie, Hawaii’s new governor, wants to give the country a Christmas present: He intends to finally demolish the conspiracy theories adopted by diehard Obama haters demanding to see the president’s birth certificate, even after it has long been made available: The governor, a Democrat and former congressman, said he has initiated conversations with the state’s attorney general and the chief of its Health Department about how he can release more explicit documentation of Mr. Obama’s birth on Aug. 4, 1961, at Kapiolani Maternity and Gynecological Hospital. He said he has done so of his own accord, without consulting the White House, which declined to comment. “He’s a big boy; he can take sticks and stones. But there’s no reason on earth to have the memory of his parents insulted by people whose motivation is solely political,” Mr. Abercrombie said. “Let’s put this particular canard to rest.” Abercrombie, you see, knew Obama’s parents and met the president when he was a baby: Mr. Abercrombie, 72, said that although he did not see the elder Obamas at the hospital with their newborn son, he did remember the couple bringing the baby to social events. He says the critics who suggest that Mr. Obama’s mother slipped off to Kenya to give birth are engaging in a “demonological fantasy.” An L.A, Times story has more: “What bothers me is that some people who should know better are trying to use this for political reasons,” said Abercrombie, 72. “Maybe I’m the only one in the country that could look you right in the eye right now and tell you, ‘I was here when that baby was born.’ ” One of Abercrombie’s aides said the governor is voicing the frustration of many Hawaiians who continue to be troubled by the rumors, which they see as emblematic of the view that Hawaiians are not Americans in the same way as those who live in the continental United States. Of course, as the L.A. Times story points out, this really won’t stop the birthers. But it will at least create the kind of hurdle to peddling their irrationality that will make it much, much harder to do so. And for that, he will have the nation’s gratitude.

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Corporate Lobbyist Front Group’s Barbara Comstock Blames Unions for Outsourcing

Click here to view this media Well, most of the media might be taking the weekend off for the holidays, but you can count on Fox News to keep working and pumping that propaganda out there day in and day out. What would Christmas Eve be without some good old-fashioned union bashing from Republican corporate shill Barbara Comstock? Comstock is terribly upset about a new rule being proposed by the National Labor Relations Board. More on that from the AFL-CIO’s blog. Proposed NLRB Rule Requires Employers to Post Workers’ Rights : Most workers have seen notices about their right to a minimum wage or safe workplace posted in the company break room or elsewhere on the job. Employers are required to post those notices by federal law. But there is no requirement for employers to post any sort of notice about workers’ rights under the National Labor Relations Act (NLRA), including the right to form a union. Now, the National Labor Relations Board (NLRB) is proposing a rule that would require employers to post such notices in the workplace. AFL-CIO President Richard Trumka says the proposed rule is “a common sense policy needed in today’s workplace.” Every working person in America deserves to know his or her rights… [The rule]…ensures that workers’ rights are effectively communicated in the workplace. It is necessary in the face of widespread misunderstanding about the law and many workers’ justified fear of exercising their rights under it. According to the proposed rule, published in the Federal Register, the NLRB believes that many employees protected by the NLRA are unaware of their rights under the statute. The intended effects of this action are to increase knowledge of the NLRA among employees, to better enable the exercise of rights under the statute, and to promote statutory compliance by employers and unions. More there with some specifics on the proposed rule, so go read the rest. But according to WFI’s Comstock, this is going to harm small businesses. She also blames unions for the outsourcing that’s gone on in America and pretty well destroyed the economy in places like Detroit. Yeah Barbara, it’s not the greedy CEO’s or our crappy trade laws that reward companies for shipping jobs overseas or the fact that our health care costs are so high. It’s the dirty f#%king hippie union members fault. And of course the “fair and balanced” Fox News didn’t put anyone from labor on to counter Comstock, or bother to inform their viewers just whose interests she’s really looking out for. Here’s more on her organization, the Workforce Fairness Institute : The Workforce Fairness Institute (WFI) describes itself as “an organization committed to educating voters, employers, employees and citizens about issues affecting the workplace.” WFI’s website lists among its “allied groups” the Coalition for a Democratic Workplace , Rick Berman ‘s Center for Union Facts , the U.S. Chamber of Commerce and the National Federation of Independent Business . Yeah, those groups are all just looking out for the little people and those small businesses, don’t ya’ know. And here’s more on their funding. Sounds a whole lot like Dick Armey’s Freedom Works or the US Chamber of Commerce with them not wanting to disclose exactly who’s paying their bills. I can’t imagine why. Neil Golub , CEO of the Golub Corporation , “has raised millions of dollars from the industry for The Workforce Fairness Institute, one of the main coalitions working to defeat” EFCA, reported the States News Service in January 2009. [8] When asked by the New York Times , WFI’s Mark McKinnon “would not say which companies are financing the institute, founded by several longtime Republican operatives.” [9] On its website WFI states that it “is funded by and advocates on behalf of business owners who enjoy good working relationships with their employees, and would like to maintain those good relationships without the unfair interference of government bureaucrats, union organizers and special interests.” [1] And who are their personnel? Big players in the Republican party and big business shills of course. Katie Packer Executive Director [10] Mark McKinnon [11] Barbara Comstock [12] Danny Diaz The Workforce Fairness Institute “employs Former Bush ad man Mark McKinnon, former White House Political Director Sara Taylor , Mitt Romney aides Barbara Comstock and Katie Packer, powerhouse conservative PR firm CRC , GOP Web gurus Patrick Ruffini , Mindy Finn and Patrick Hynes and former RNC Communications Director [Danny] Diaz,” reported Politico.com. [13] Barbara Comstock is a founding partner of the Corallo Comstock public relations and lobbying firm [14] , which counts the National Association of Broadcasters and — until January 2009 — the Hearst Corporation among its clients. [15] That name Mark McKinnon sound familiar? Of course it does to anyone who reads this blog since he’s one of the founders of the latest Republican re-branding effort, No Labels . Hey Mark, I’ve got a label for you buddy… union buster. Here’s how the AFL-CIO described the Workforce Fairness Institute (got to love the names these people come up with for these groups, don’t you?) in their post on who is opposed to the Employee Free Choice Act . Take a look at the other groups listed there as well. Who They Are: National Journal calls them a “stealth group” that refuses to reveal their funding base. [xii] This group was formed by corporate lobbyists and public relations shills specifically to block the Employee Free Choice Act through public campaigns. Money spent on anti-worker campaign: “One source says the WFI is trying to raise as much as $10 million for its operations.” [xiii] All these people care about is taking care of their wealthy donors and them having access to cheap labor. And they could give a hoot about small businesses, how many Americans are hurting or creating jobs in the United States. But Fox is going to roll this shill out on Christmas Eve and let her blame our economic woes on unions and working people who dare to demand a living wage and benefits.

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