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General discussion

FBI acknowledges: Journalists' phone records are fair game

May 16, 2006 8:22PM PDT

Check under Podcasts http://abcnews.go.com/

"The FBI acknowledged late Monday that it is increasingly seeking reporters' phone records in leak investigations.

" "It used to be very hard and complicated to do this, but it no longer is in the Bush administration," said a senior federal official.

"The acknowledgement followed our blotter item that ABC News reporters had been warned by a federal source that the government knew who we were calling.

"The official said our blotter item was wrong to suggest that ABC News phone calls were being "tracked."

" "Think of it more as backtracking," said a senior federal official.

"But FBI officials did not deny that phone records of ABC News, the New York Times and the Washington Post had been sought as part of a investigation of leaks at the CIA."

Another Amendment or two gone, are there any left?

Rob

Discussion is locked

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Phone records
May 16, 2006 8:27PM PDT

The "leaking" of sensitive national security information is not a guaranteed right. It is a criminal act, hence a criminal investigation.


Tom

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So to you, the end justifies the means?
May 16, 2006 11:24PM PDT

That's really scary, Tom. "Whether or not patriotism is the last refuge of the scoundrel, national security can be the last refuge of the tyrant." ~Lord Walker of Gestingthorpe.

-- Dave K, Speakeasy Moderator
click here to email semods4@yahoo.com

The opinions expressed above are my own,
and do not necessarily reflect those of CNET!

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(NT) (NT) It's scary to investigate law breaking?
May 16, 2006 11:31PM PDT
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And for you, your 'interest' justifies the crime.
May 17, 2006 8:33AM PDT

Investigations have been going on for many years and back tracking contacts is a well known and often used (and useful) method.

Nothing has been stated about any of the records aquisitions being "illegal", although ABC insinuates this. Don't you wonder why they didn't come right out and say something like "without warrants" or "purchasing the records from employees"--they surely would have if they could have.

Are you even aware that others whose names have surfaced can and most likely did authorize obtaining their records which could broaden or localize certain aspects of an investigation WITHOUT any further requirement for additional authorization?

Additionally the Patriot Act is what is being referred to when mention was made of "It used to be very hard and complicated to do this, but it no longer is in the Bush administration," said a senior federal official. No effort was made to clarify that and that lack of effort paid dividends with the ignorant believing that it was "Bush's fault".

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Up to a point I must respectfully disagree
May 17, 2006 10:23AM PDT

For the criminal investigations I've done, all investigations start with an accusation. That's it, no proof, just an as yet unfounded accusation. Then the tools of the trade are applied to see if there is any evidence to support the accusation. Sometimes, an investigation can drag on for years with no evidence uncovered, depending on who is investigating and how much that person wants there to be evidence.

Sometimes an investigation is carried on long after it should've been dropped for lack of evidence, but then too, sometimes sticking to it will produce results only after a very long time.

Not so much time has passed, in my opinion, to cut off this avenue of investigation just yet.

But as I said, up to a point, a limit should be set. As I understand it the FBI is proceeding as if there is no such limit, that they can continue on this line as long as they want, even if no evidence is found. I could be wrong, but that is how I see it. And that seems to me to be a skiewed view on the part of the FBI. Up to a point such actions are necessary to protect us all, but there has to be a limit, or else none of us is protected. More data is necessary to set my mind one way or the other.

Has anyone given the FBI a tip, anonymous or otherwise, to look in this area?

Has any evidence been uncovered without that being revealed to the general public?

Of course if the answer is no, and the FBI is just fishing in case they happen to find something, then someone needs to take their pole away.

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Why the lie?
May 16, 2006 8:40PM PDT

They are investigating CRIMES

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I'm not lying, nor is ABC. And the investigation of a crime
May 16, 2006 10:49PM PDT

does not entitle the FBI or the President or anyone else to commit crimes in order to uncover them. That is actually part of the reason for warrants for wire-taps. Trawling someones phone records may be legal if a person is suspected of a crime, trawling the records of a news organization with millions of irrelevant incoming calls in the hope of finding one that might be investigable or monitoring news organizations incoming calls on the off-chance that one might be from a leaker is far too broad a reason. It'd never stand up in court. Of course this President doesn't believe in Courts, or due process.

Whatever happened to probable cause, and due process? Oh, I forgot, you don't believe in those liberal tenets.

Rob

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(NT) (NT) What crime has been committed in the investigation???
May 16, 2006 11:20PM PDT
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(NT) (NT) Like Evie, I wonder where you see any crime by the FBI
May 17, 2006 8:34AM PDT
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There is no right to leak
May 16, 2006 9:12PM PDT

sensitive information. Personally, I'd like them to find that "senior FBI official" (probably a janitor) and deal with him appropriately.
You know what's even worse? The police can check the phone records of murderers and drug dealers too. Now, that's a clear violation of their rights also!

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Since when is seeking records in an investigation ...
May 16, 2006 10:47PM PDT

... anything new? Ever watch L&O? Basics!!

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"Journalists" are sacrosanct...
May 16, 2006 10:52PM PDT

They can do no wrong. The First Amendment says so. They can murder someone and it's protected as "Free Speech".

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Absent a warrant, you can't just trawl somebody's phone
May 16, 2006 10:55PM PDT

records. Ever watch L&O? Absent probable cause or some corroborating evidence you don't get the warrant. Ever watch L&O?

The phone LUDs (what ever LUDs are) that are so frequently mentioned on L&O are either from public phones where there is no expectation of privacy, ergo you don't need a warrant, or are the product of a warrant whether it is mentioned or not. Ask a lawyer.

Rob

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Where in the piece ...
May 16, 2006 11:19PM PDT

... Rob, do they claim the FBI INAPPROPRIATELY is seeking records? What makes you think they don't have probable cause, and then some, to look for phone contacts of Mary McCarthy to see which journalists she was leaking to? When a story is BOLD FACED reported to contain "classified information" so the "confidential source" is kept anonymous, what makes you think that PUBLIC report isn't sufficient to probe who that source might be?

Unlike you, I believe that TRULY disclosing classified info is a serious thing.

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Classified is confusing
May 17, 2006 12:46AM PDT

to me. The WH explains that a president can classify info, if he talks about something that was classified, it no longer is classified. So a president can't 'leak' regardless of the political outcome of his ''not-leaking'.

also congressional investigators can't investigate unless they have necessary clearance. they don't have such, so investigation halted.

the explanations may exist in the http://www.newspeekipedia.gov but I can't find the site because it's classified.

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(NT) (NT) Yes, you are confused
May 17, 2006 10:06AM PDT
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Whats wrong? Journalists apparently have access
May 17, 2006 12:52AM PDT

to classified information, now and then, which they are more than happy to tell to the world.