Abu hates the First Amendment

Watch this case carefully:

In June, a case is slated to go to trial in Northern Virginia that will mark a first step in a plan to silence press coverage of essential national security issues. The plan was hatched by Alberto Gonzales and his deputy, Paul J. McNulty–the two figures at the center of a growing scandal over the politicization of the prosecutorial process. This may in fact be the most audacious act of political prosecution yet. But so far, it has gained little attention and is poorly understood.

In the summer of 2005, Alberto Gonzales paid a visit to British Attorney General Peter Goldsmith. A British civil servant who attended told me “it was quite amazing really. Gonzales was obsessed with the Official Secrets Act. In particular, he wanted to know exactly how it was used to block newspapers and broadcasters from running news stories derived from official secrets and how it could be used to criminalise persons who had no formal duty to maintain secrets. He saw it as a panacea for his problems: silence the press. Then you can torture and abuse prisoners and what you will–without fear of political repercussions. It was the easy route to dealing with the Guantanamo dilemma. Don’t close down Guantanamo. Close down the press. We were appalled by it.” Appalled, he added, “but not surprised.”

[…]

Rather than approach Congress with a proposal to enact the British Official Secrets Act–a proposal which would certainly be defeated even in the prior Republican-led Congress–Gonzales decided to spin it from whole cloth. He would reconstrue the Espionage Act of 1917 to include the essence of the Official Secrets Act, and he would try to get this interpretation ratified in the Bush Administration’s “vest pocket” judicial districts…

The object of this exercise has been broadly misunderstood by many who have followed it–and particularly by Iraq War critics who delight in a perceived slap-down of AIPAC. But this is tragically short-sighted. If the prosecution succeeds, the Bush Administration will have converted the Espionage Act of 1917 into something it was never intended to be: an American copy of the British Official Secrets Act. It is likely to lead quickly to efforts to criminalize journalists dealing with sensitive information in the national security sector, as well as their sources.

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