12/13/2004

The world has turned upside down. In other news, I'll be quoting William Safire because I agree with him.

Safire on the "sudden wave of judicial repression" against jounralists:

Activist federal judges in the District of Columbia and Providence, R.I., have already thrown two chilling strikes at journalists for refusing to betray their sources. In San Francisco, a third strike against reporters' ability to gather the news may be on the way.

This sudden wave of judicial repression, unless checked quickly by higher courts or by Congressional action, will make it much easier for the government to deny a citizen's right to know about wrongdoing by every miscreant from corrupt officials to sports heroes.

One year ago, baseball's leading slugger, Barry Bonds, was called before a federal grand jury in the Northern District of California investigating steroid use by athletes to enhance performance. He admitted using a "clear substance" he said he thought was a muscle rub provided by his trainer, who has since been indicted.

The secret Bonds testimony, along with admission of steroid use by Jason Giambi, the Yankee, was reported by The San Francisco Chronicle. [...]

Such justice is secondary to the new vogue of leak-plumbing that has seized the federal judiciary. Inspired by the sentences for contempt imposed in D.C. on Judith Miller of The Times and Matthew Cooper of Time, and on Jim Taricani, the TV reporter in Rhode Island, a judge in San Francisco is urging the Justice Department to conduct an investigation of who brought the evidence of steroid abuse into public view one year after the explosive testimony was taken.

If the new plumbing pattern is followed, Chronicle reporters will be threatened with jail for contempt unless they reveal who provided the transcripts of grand jury testimony (which the paper had the First Amendment right, and journalistic obligation, to print). I cannot imagine the newspaper burning its source. [...]

Liberals may now be fearful of opposing mindless media hatred, but why are principled conservatives not aroused by imperial judges? The founders ensured freedom of the Fourth Estate as a check against the powers of all three branches of central government. Most states are doing their part. Pass that federal shield law before a judiciary on steroids throws Strike 3.

Aye. Why aren't Republicans, besides Safire, angered by this blatant form of judicial activism? Is it because they are hypocrites?