I love the idea of a shield law; I don't know of any journalist who doesn't love the idea of a shield law. It's all in the details. Some of the shield laws that were floating around sounded good, but when you looked at them, exceptions or exclusions or broadness in the language really invited some problems.
Ted GupIf you are a reporter trying to find out what the hell's going on in government now, you have a devilish time. It is murder to set up an interview. It is murder to get someone's phone number. It's murder to be able to get in and talk to someone without a handler being present to chill it, or who doesn't insist upon questions in advance.
Ted GupAnother factor is the post-9/11 security mentality, which views sunlight as toxic and imagines that somehow bin Laden is dependent upon our government documents, a "fact" that has never, ever been supported to my knowledge. So, that's the second factor.
Ted GupEvery effort is made to control information. Secrecy is just one of the toggles on their control board. The mindset is in place, and they've done a lot of hiring over eight years, not just political appointees. And they've done a lot of firing or driving people out who might have countermanded or resisted. So, institutionally, it's not going to be simply a matter of flipping the switch to undo it. You're going have to bring in people dedicated to transparency, and you have to demonstrate that there are rewards for candor.
Ted GupThe real secrets start leaking out when there are too many secrets because people can't remember what's a real secret. There's a very famous line by National Security Advisor McGeorge Bundy: "If you guard your toothbrushes and your diamonds with equal zeal, you'll lose fewer toothbrushes and more diamonds." And that's where we are right now.
Ted GupOne of the principal factors fueling the proliferation of the abuse of secrecy and sensitive but unclassifieds is the administration's adherence to the unitary executive principal. This administration more than any of its predecessors believes that it is its responsibility to collect power onto itself in the executive office when it comes to the conduct of war, foreign policy, the management of agencies and departments, regulations, etc.
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