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 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 GupIf all these guys think that nothing is going to come out for 100 years, they're going to act a whole lot more boldly. So we need to get back into the declassification business. This notion of overclassification is not just a bleeding-heart liberal issue. When everything is classified, nothing is classified.
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 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 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 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