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 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 SBUs have spread like kudzu and are choking off everyone's ability to see what the hell's going on in government.
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 GupA one year study by the Washington Post has documented 620 cases in which experimental drugs have been implicated in the deaths of cancer patients....And they amount to merely a fraction of the thousands of people who in recent years have died or suffered terribly from cancer experiments.
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 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