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 GupWhen you get new people in, you're going to have a breath of fresh air and there's going to be a window when people will decide what direction to go. It'll be determined by outside events, by the personalities that occupy those positions, and by the treatment they receive both from the press and the public, of the honeymoon period.
Ted GupSecrecy doesn't attach to particular parties; it attaches to power. All of the bull work is in place for whomever succeeds. That's my concern.
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 GupThe 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 GupThe third factor is the natural predisposition of bureaucracies, both governmental and private, to exploit secrecy to whatever degree they are licensed to do so, and in this administration they're given virtually carte blanche.
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 Gup