I’ve gotten quite a few responses to my discussion of the priorities and interests involved in whether journalists should be compelled to disclose confidential conversations with White House officials who may or may not have leaked the identity of CIA operative Valerie Plame. Most of them critical, some supportive.
I suspect that the journalists in question — for the moment, Matt Cooper of Time — will run through their appeals and lose. As a matter of law, as I wrote earlier, I think I agree with that, though I also support journalists’ refusing to comply and accepting the consequences.
I expect to have more to say about the various issues involved in this case. But before we get tangled in debate over journalistic ethics here and see Matt Cooper become the only person to serve a day in jail over this, let’s draw back and see the big picture.
President Bush could have settled this matter in a flash a long time ago and spared the country a destructive exploration of the limits of journalistic confidences before the law. He still could.
Scooter Libby, the vice president’s chief of staff, has now freed at least two journalists from their obligation of confidentiality to him. Presumably, in at least those two cases, he has nothing to hide.
There must be others still relying on a confidence who do have something to hide.
President Bush could make it known either implicitly or explicitly that he wants to get to the bottom of this mystery and that anyone who is asked should free journalists in the way Libby has. If they don’t feel they can do so — which is certainly their right, working in the White House doesn’t mean you lose your right to defend yourself — they should take a leave of absence from their job or quit.
When I mentioned this possibility some time ago, many readers said this was wrong as it compromised the rights of possible targets of prosecution. But I don’t think that’s a problem here. Everyone has a right to defend themselves in a criminal probe. But there’s no constitutional right to work at the White House.
Needless to say, I’m not holding my breath waiting for this to happen. But let’s not lose sight of the president’s passivity and indifference to this probe. He’s dragging the country through this. And the reason, I think, is obvious. He doesn’t want the probe to succeed.
