I love the idea of a shield law; I don't know of any journalist who doesn't love the idea of a shield law. It's all in the details. Some of the shield laws that were floating around sounded good, but when you looked at them, exceptions or exclusions or broadness in the language really invited some problems.
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 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 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 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 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