ONE OF THE intellectual gargoyles that has crawled out of Donald Trump’s brain is the idea that we should “open up” libel laws to make it easier to punish the media for negative or unfair stories. Trump also wants top officials to sign nondisclosure agreements, so they never write memoirs that upset the boss. Trump is so disdainful of free speech that he has even vowed to use the Espionage Act to imprison anyone who says or leaks anything to the media that displeases him.
Actually, that last bit is made up; Trump hasn’t talked about the Espionage Act. Instead, the Obama administration has used the draconian 1917 law to prosecute more leakers and whistleblowers than all previous administrations combined. Under the cover of the Espionage Act and other laws, the administration has secretly obtained the emails and phone records of various reporters, and declared one of them — James Rosen of Fox News — a potential “co-conspirator” with his government source. Another reporter, James Risen of the New York Times, faced a jail sentence unless he revealed a government source (which he refused to do).
Obama has warned of the imminent perils of a Trump presidency, but on the key issue of freedom of the press, which is intimately tied to the ability of officials to talk to journalists, his own administration has established a dangerous precedent for Trump — or any future occupant of the Oval Office — to use one of the most punitive laws of the land against some of the most courageous and necessary people we have. One section of the Espionage Act even allows for the death penalty.