The level of trust is extraordinarily low and the level of suspicion extraordinarily high, and with good reason and on both sides. The press has hunkered down for very good reason, because it's being treated like a mushroom.
Ted GupYou have tens, hundreds of thousands of people in government, and just as many among contractors, who feel totally comfortable writing at the top of the document "internal use only," "official use only," and a million other synonyms, all of which amount to "none of your business" to the public.
Ted GupThe mechanics vary from place to place and from office to office. The handling of SBUs can be different in the same agency just across the hall, one from another. There are virtually no standards.
Ted GupOne of the things that will probably need to be addressed is in the treatment of history, i.e. the Presidential Papers Act. If they can act with impunity, if they know that what they're doing is not going to see the light of day anytime in their lifetime, if they have the right to withhold information from the public, then presidents are given a vastly freer hand.
Ted GupI 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 GupI don't think the question is if should we have a shield law. I think the question is what kind of shield law we should have. Yes, I'd like to see a federal shield law, but if and only if it provides genuine safeguards and doesn't green-light prosecutors and judges and litigants from going after the press and getting things to which they should not be entitled. It's not a simple kind of litmus test.
Ted Gup