I 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 GupThere's no faster way or surer way to consolidate power and disenfranchise critics than to operate in secret. So this plays squarely into the promotion of the unitary executive. That's one factor.
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 GupThese human experiments have gone largely unchallenged and unquestioned by Congress, the medical profession, and the scientific community at large.
Ted GupWhistleblowers is another aspect that needs to be addressed. We have to restore the protections of whistleblowers and also the encouragement and rewards. It shouldn't just be that they don't get crucified; it should be that they are again folk heroes, or celebrated for bringing critical matters to public attention, as opposed to traitors.
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