One of the principal factors fueling the proliferation of the abuse of secrecy and sensitive but unclassifieds is the administration's adherence to the unitary executive principal. This administration more than any of its predecessors believes that it is its responsibility to collect power onto itself in the executive office when it comes to the conduct of war, foreign policy, the management of agencies and departments, regulations, etc.
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 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 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 Gup