One 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 GupIt will be important to restore those provisions, those disclose provisions, those release provisions so that presidents are indeed held accountable and their information and papers are made public.
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 that the problems or the issues relate to any single piece of legislation. I think that they really do relate to the mindset that after eight years is pretty deeply embedded. It is not going to be easy to reverse itself.
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 GupAnd fourthly there is a major shift in public opinion and attitude to accommodate to the post-9/11 mentality and the Bush administration's penchant for secrecy. I think the public has simply become increasingly accustomed to being turned away from vital information and is protesting less and less. You have some squeaky wheels out there, but I don't think they're representative of the population at large.
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 Gup