Thursday, February 16, 2017

Josh Marshall of Talking Points Memo has an interesting posting today regarding concern over leaks by Federal intelligence agencies. He identifies a significant problem, which is the challenge to democracy when an intelligence agency leaks information to undermine siting political leaders. He writes:

The idea that the nation's intelligence and law enforcement agencies may be taking it upon themselves to overturn or disrupt the results of a national election cuts to the heart of the legitimacy and existence of our government. In early January, there were reports out of Israel that US intelligence officials had warned their Israeli counterparts against sharing certain intelligence with the United States under President Trump for fear the information could be passed on to Russia and from Russia on to Iran. This is extremely dangerous ground. As a purely constitutional matter, as unfortunate as it may be, if the President decides he wants to share information with Russia, that is a call which his election gives him the power and authority to make. Of course, Presidents can also be impeached. But the President also doesn't have to tell anyone what he's done, certainly no one who would have the power to impeach him. As you can see, there are some situations which our constitutional structure doesn't provide easy remedies for.
A bit later he asserts: 
 And that brings us to the most important part of this whole drama. The things that are being leaked are specific facts that are highly newsworthy and highly disturbing. They're not stories of sexual peccadillos or things that are politically damaging but not fundamentally relevant to the work of government. They're not vague subjective judgments about 'the military' or 'the intelligence community' not believing the president is up to the job or loyal. They're also specific. They are things which clearly should be investigated and which the public should know about. Indeed, the leaks seem to be driven by the leakers' belief that these issues should be investigated and mainly are not.

And:
In any case, this is dangerous ground, on every front. We are on numerous fronts in an unprecedented and perilous situation. No government likes leaks. Sometimes leaks are illegal. This is something that can be addressed on its own. The key here is the substance of what we're learning. It speaks for itself. That's why it's been so damaging. Even Republicans, who have been remarkably willing to give Trump a pass on virtually anything as long as he will sign key legislation, have been unable to ignore this. This is no 'political assassination'. That is a ridiculous and preposterous claim. The facts we are learning speak for themselves. When leaks are this damaging and this tied to the fundamental operations of government, it's not about the leaks or the motives. It's about what we're learning and what we need to know. 
 These are important considerations, and I am not sure at the moment where I stand on them. But Josh Marshall it seems to me is asking us to be practical: there are good leaks and there are bad leaks. A leak done to disclose information that would help preserve the system of government is a good leak. Note the judgment call. It is akin to Theodore Roosevelt asserting that there are good corporations and bad corporations. TR himself would decide which are good and which are bad. What if a government worker is convinced disclosure would bolster our system of Democracy, but was in fact misguided in this assessment. Arguably, the Snowden disclosures are of this sort. And I suppose though Snowden took it upon himself, he might have been mistaken on a number of particulars.

That we are at such a point is both troubling and fascinating.

2 comments:

  1. These are important points. When the issues are no longer about what's good or bad for the country but about what's good or bad for the president, the "goodness" of a leak is in the eye of the beholder. If the leak helps me, it's a good leak. If the leak hurts me, it's a bad leak.

    ReplyDelete
  2. Snowden deserves a medal not exile. He is an American hero.

    On another topic, I looked up 'charlatan' to be sure I am using the word correctly.

    tRump is a charlatan. Sad. Very sad.

    ReplyDelete