Novak’s Shield
I was rather more fascinated by Novak’s column on the journalist shield law than Jane was. While I’m blathering about why, see if you can figure out how this column differs from almost all of Novak’s columns. I’ll provide the answer below.
Novak doesn’t directly call for passage of the journalist shield law in the column. Rather, he presents the case from Congressman Mike Pence’s perspective, weighing the wins and losses for Pence’s bill this week.
The bad news last week for conservative Republican Rep. Mike Pence was private confirmation that his proposed law protecting journalists from runaway judges was opposed by President George W. Bush himself, not just inflexible Justice Department lawyers. The good news this week for Pence was an unexpected endorsement by Bush’s successor heading the Republican Party, John McCain.
After framing the argument in terms of Pence, Novak goes on to give a journalistic-centric view of the shield law. As Jane has pointed out, Novak does put Patrick Fitzgerald at the center of this debate, at one point making a seemingly unsubstantiated claim that Fitzgerald views journalists "as adversaries":
Justice Department opposition to a shield was fueled by prosecutors such as Fitzgerald, the U.S. attorney in Chicago, who view journalists as adversaries.
I’ve asked Fitzgerald’s office whether Novak verified that assertion with Fitzgerald before he printed it–I will let you know if the most silent spokesperson in public view gives me an answer (update: well that was a mighty quick "no comment" from Randy Samborn).
But Novak also puts Toni Locy–whom Steven Hatfill has subpoenaed for her sources naming him a person of interest in the anthrax investigation–at the center of the debate.
U.S. District Judge Reggie Walton of Washington had just levied fines against former USA Today reporter Toni Locy, escalating to $5,000 a day, for failing to reveal her confidential sources in reporting on the 2001 anthrax attacks. Walton’s decision, which is under appeal, stipulated that neither USA Today nor anybody else could help pay the fines for Locy, now a journalism professor making $75,000 a year. Pence told the House that Walton’s conduct showed the need to protect "the one time-tested way of holding the government accountable" and "ensuring the free flow of information to the American people."
I find Novak’s focus on Locy more interesting than his focus on Fitzgerald. Read more →