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Started By
Message
Board Attorneys: Legal Question regarding NYT Anon
Posted on 9/7/18 at 10:05 am
Posted on 9/7/18 at 10:05 am
Serious question, the anon NYT writer has admitted to subverting the president's agenda and to stealing documents off his desk. Could the president not seek a court order, based on national security concerns, for the NYT to reveal the identity?
This post was edited on 9/7/18 at 10:07 am
15
Posted on 9/7/18 at 10:06 am to More&Les
Yes
Posted on 9/7/18 at 10:09 am to udtiger
quote:
Yes
nice answer, I should also ask, what's the likelihood it'd be granted?
Posted on 9/7/18 at 10:10 am to More&Les
quote:
should also ask, what's the likelihood it'd be granted
on national security grounds? i'd be curious too
Posted on 9/7/18 at 10:10 am to More&Les
quote:
Could the president not seek a court order, based on national security concerns, for the NYT to reveal the identity?
That's probably not a road we want to go down.
Posted on 9/7/18 at 10:11 am to upgrayedd
quote:
Could the president not seek a court order, based on national security concerns, for the NYT to reveal the identity?
That's probably not a road we want to go down.
Why not?
Posted on 9/7/18 at 10:12 am to More&Les
quote:
Could the president not seek a court order, based on national security concerns, for the NYT to reveal the identity?
The NYT relishes this opportunity fwiw.
Posted on 9/7/18 at 10:13 am to upgrayedd
quote:
That's probably not a road we want to go down.
I agree. It would just give the NeoComms energy to "take to the streets!"
Trump should wait until after the elections. He'll have more flexibility then.
Posted on 9/7/18 at 10:14 am to brian_wilson
quote:
The NYT relishes this opportunity fwiw.
I'm sure they do, but they will lose in the court of public opinion and I suspect in the court of law
Posted on 9/7/18 at 10:15 am to More&Les
quote:
Why not?
Well, cooking up "national security" concerns to force the press to turn over a source is something they do in Russia, not the US.
That kinda stuff essentially eliminates a free press.
Posted on 9/7/18 at 10:16 am to More&Les
OMG please do
Posted on 9/7/18 at 10:17 am to upgrayedd
quote:
Well, cooking up "national security" concerns to force the press to turn over a source is something they do in Russia, not the US.
That kinda stuff essentially eliminates a free press.
While I understand your point, the premise assumes that the op-ed originated anywhere other than solely from the NYT editors' room.
The whole purpose is to get folks in a froth about trying to out the staffer.
Posted on 9/7/18 at 10:18 am to upgrayedd
quote:
Well, cooking up "national security" concerns to force the press to turn over a source is something they do in Russia, not the US.
That kinda stuff essentially eliminates a free press.
in Russia does one have the right to face his accusers?
also, if this saboteur is willing to steal official policy papers from the commander in chief's desk how is it not a national security matter?
Posted on 9/7/18 at 10:19 am to Dale51
quote:
I agree. It would just give the NeoComms energy to "take to the streets!"
Well, it's pretty draconian.
If Obama did this, everyone here would be screaming about the rights of the free press. It's not something any administration should be doing no matter what party they're in.
Posted on 9/7/18 at 10:19 am to VoxDawg
quote:
While I understand your point, the premise assumes that the op-ed originated anywhere other than solely from the NYT editors' room
Actually, it's the opposite and a court order would smoke them out
Posted on 9/7/18 at 10:21 am to More&Les
quote:
in Russia does one have the right to face his accusers?
This is an article in a newspaper, not a trial.
quote:
also, if this saboteur is willing to steal official policy papers from the commander in chief's desk how is it not a national security matter?
What papers were stolen?
Posted on 9/7/18 at 10:21 am to More&Les
FISA his arse...
Posted on 9/7/18 at 10:22 am to More&Les
Probably.
Likelihood that it be granted? No idea. This could turn on the judge assignment.
The NYT could refuse to comply with a subsequent court order and be held in contempt at which the individual(s) would sit in jail until compliance or expiration.
Likelihood that it be granted? No idea. This could turn on the judge assignment.
The NYT could refuse to comply with a subsequent court order and be held in contempt at which the individual(s) would sit in jail until compliance or expiration.
Posted on 9/7/18 at 10:22 am to upgrayedd
quote:
If Obama did this, everyone here would be screaming about the rights of the free press. It's not something any administration should be doing no matter what party they're in.
I agree that the press should remain free. They should also act responsibly.
If the NYT had published anything critical of Obama whatsoever, people might not be scrutinizing the legitimacy of this Op-Ed so heavily.
Posted on 9/7/18 at 10:24 am to More&Les
quote:quote:quote:
Could the president not seek a court order, based on national security concerns, for the NYT to reveal the identity?
That's probably not a road we want to go down.
Why not?
Because that's an incredibly slippery slope. How many times have documents been unclassified and after you read them you thought "why the frick was this ever classified in the first place?"
With something like that you must ask yourself what would be the next logical expansion of such a policy. If disclosing that someone is disenchanted with the President as their boss is a national security concern then it opens that person up to investigation. Their bank accounts, their friends, their family, their mail, their phones, etc all becomes fair game all because they dared say "I disagree".
Remember when Obama spied on James Rosen, his family and the AP? That's the sort of thing you would be advocating.
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