Having been elected to the White House with the promise of increased openness and transparency regarding government operations, Barack Obama may end his presidency as among the most secretive in American history.
That, anyway, was the conclusion of a couple of the high-powered panelists Monday night during a debate on freedom of the press vs. national security at the Paley Center for Media.
The resultâargued Hina Shamsi of the American Civil Liberties Union and Barton Gellman of The Washington Postâis stifled freedom of the press, less official accountability and a potential increase in government-sanctioned wrongdoing behind a veil of secrecy that supposedly protects the homeland but actually shields federal officials from legitimate public inquiry.
âThe Obama administrationâafter first starting out by making promises of greater transparency, lessening over-classification, providing greater protections for whistleblowersâhas in fact turned its back, and done virtually the same thing as the Bush administration,â said Shamsi, who directs the ACLUâs National Security Project.
The Obama Justice Departmentâs âaccelerated prosecutions of leakers,â especially revelations that expose crimes or embarrass government officials, âdoes have a chilling effect domesticallyâ and âsignificant negative consequencesâ on democracy, she added.
The Postâs Gellman, who won his third Pulitzer Prize this year for revelations concerning National Security Agency whistleblower Edward Snowden, told me: âEvery president Iâve covered from the first George Bush onward has been hostile to leaks, especially in the national security context. But they have a lot more tools now, a lot more information, a lot more digital exhaust that we all have. So they can find journalists more easily, and they can find leakers.â
Statistics tell a disturbing story. âHere are the numbers,â Gellman said. âUnder President Nixon, one source was prosecuted. Under George W. Bush, it was two. Under Obama, itâs six. In absolute numbers theyâre not very large, but in terms of sending a message theyâre considerable.â
Just as alarming, Gellman added, was Director of National Intelligence James Clapperâs decree that nobody could speak to a journalist about even unclassified subjects unless they first received permission from a supervisor and the conversation was officially logged.
âIf you want a greater deterrentâŠâ Gellman mused. In the recent past, reporters had easy access to foreign policy and national security experts in the government who knew how to speak usefully about matters of public interest without disclosing official secrets. But no longer.
âItâs a problem,â Gellman said.
The back-and-forth on the panelâmoderated by Yahoo News chief investigative correspondent Michael Isikoffâhad former NSA general counsel and CIA adviser Robert Dietz, along with Hudson Institute senior fellow Gabriel Schoenfeld, the author of the book Necessary Secrets, defending the culture of clandestine activity and the NSAâs collection of so-called âmetadataâ on private communications as essential to foiling terrorist plots in the perilous post-9/11 world.
The discussion, inevitably, touched on the motives of Snowden, who downloaded tens of thousands of classified documents, shared them with Gellman and his co-Pulitzer winner Glenn Greenwald, then of The Guardian, and then fled to Moscow in order to evade U.S. prosecution for alleged violation of espionage laws.
âOne manâs whistleblower is a another manâs malcontented employee,â said Dietz, who these days is a professor of public policy at Virginiaâs George Mason University. âI believe he is a person who is seeking fame. There is a huge sanctimony there.â
Schoenfeld, meanwhile, suggested that if Snowden was really sincere about concerns that the NSA was violating the Constitution, he could have âtaken his revelations to the Supreme Court. Heâs a man who fled to Moscow, lecturing America on surveillance from a surveillance state.â
Dietzâwho at one point seemed to defend the World War II internment of Japanese Americans as a âlawfulâ exercise of government powerâcompared secret-revealing journalists to gun-wielding felons.
Responding to a video clip of the late Washington Post Managing Editor Howard Simons suggesting that itâs the governmentâs job to keep secrets and the reporterâs job to ferret them out, Dietz declared: âItâs the bankâs job to keep your money. It is the burglarâs job to break it out.â
âBank robbers?â Gellman reacted incredulously.