Off the Record

QA: The Father of the Reporter's Privilege By Nikki Schwab

Judith Miller went to jail in 2005 to protect the identity of her anonymous source. The New York Times reporter who became ensnared in the Valerie Plame leak investigation might not have had to go through the trouble had there been a federal media shield law on the books. The House of Representatives last week took the first steps in establishing such a protection by overwhelmingly passing a piece of legislation that would protect reporters from having to reveal their confidential sources in federal court.

Fordham law professor and host of the TV show "Digital Age" James Goodale has watched the law in this area develop for more than 30 years. He was the New York Times's attorney in the Pentagon Papers case in 1971 and was the attorney for reporter Earl Caldwell. Caldwell covered the Black Panthers in the 1960s and refused to reveal his sources when the Justice Department, under President Richard Nixon, began investigating the organization. His case became the Supreme Court case Branzburg v. Hayes, in which a 5-4 decision said that there was nothing constitutionally protecting reporters from revealing their sources in court. Because the fifth justice in the majority, Lewis Powell, wrote that there could be a protection for journalists under some circumstances, Goodale made a convincing case in a 1975 article. He has become an influential voice on the subject and is known as the "father of the reporter's privilege."

Goodale talked to U.S. News about the importance of the current legislation, which is expected to face a tough test in the Senate and in the White House, and why Judith Miller may have done her field a favor. READ MORE...

Media Council Panel—Investigative Journalism and the War at Home

Norm Pearlstine, former Time Inc. editor-in-chief and author of Off the Record: The Press, the Government and the War over Anonymous Sources, moderated this in-depth discussion looking at the relationship between the government and the media in wartime. Part two of a two-part series funded by the Ethics and Excellence in Journalism Foundation, this panel focused on the collision between investigative journalism, reporting methods and the government. Participants include Paul Steiger, editor-at-large and former managing editor of the Wall Street Journal; Robert Grenier, managing director, Kroll Inc. and a former CIA Counter-Terrorism Chief; Mary Louise Kelly, intelligence correspondent for National Public Radio; Adam Liptak, national legal correspondent for the New York Times; and James Goodale, founding partner, Debevoise & Plimpton. WATCH...

Funding for this event provided by Ethics and Excellence in Journalism Foundation

Watch Norm Pearlstine's speech at the Haverford College Presidential Inauguration

Norm Pearlstine '64 spoke to students, faculty, alumni and guests the afternoon before the inauguration ceremony. Highlights of his talk (which included a Q&A session ) include:

*He initially didn't take the situation concerning the leak of Valerie Plame's CIA status seriously at all: "My initial reaction was that it was typical Beltway infighting, not particularly significant."

*He regards The New York Times' editorial calling for an investigation of leaks to the press "unprecedented in my experience...I thought our job was to get leaks, not to seek investigations into how they came about."

*When he did begin thinking about what would happen if the Supreme Court ruled against Time Inc., his first instinct was to resist turning over reporter Matt Cooper's notes. "I had learned at Haverford about civil disobedience, and I believed then, as I believe now, that individuals--and individual editors--have an absolute ability to engage in such acts."

*He believes that the ground rules for dealing with anonymous sources are not well understood by journalists, let alone the general public. "If I said there is a difference between anonymous and confidential, some of the best journalists in the world would say, 'You're out of your mind.'"

*Today, he says, journalists find themselves in a difficult spot. "The public does not have much sympathy for the press--we're not in a post-Watergate era--but at the same time we do need the ability to protect our sources."

*Any time a source asks for some degree of anonymity, be believes that should be "the exception, not the rule. This business should be about trying to put people on the record. We have to be much more demanding that there should be accountability from our government officials." WATCH...

Bewkes, Eisner, Redstone Highlight Nielsen/Dow Jones Conference By Steve Donohue

The Nielsen Co. is teaming up with Dow Jones & Co. on a conference which will feature keynotes from Time Warner president Jeffrey Bewkes, former Disney CEO Michael Eisner, Viacom chairman Sumner Redstone and publishing veteran and Caryle Group senior advisor Norman Pearlstine.

Nielsen said the “Media and Money” confab will be held Nov. 7-8, at the Grand Hyatt Hotel in New York.

Other speakers include Quadrangle Group managing principal Steven Rattner, Rush Communications founder Russell Simmons and Washington Redskins owner Daniel Snyder. READ MORE...

Former TIME Editor Addresses ‘Plamegate’ at HC By Mara Miller

Inauguration week brought Haverford not only a new President, but also a slew of exhibits, visitors, and speeches. On Friday, the campus was treated to what President Dr. Stephen G. Emerson ’74 called, “the premier event of the weekend.”

Former editor in chief of TIME, Inc. Norm Pearlstine ’64 took the Marshall Auditorium podium to discuss his career in journalism and his new book, “Off the Record: The Press, the Government, and the War over Anonymous Sources.”

I had never really considered writing a book before because I had read enough books by editors to know that it wasn’t a good idea,” Pearlstine said.

Pearlstine had plenty to say however, especially given his involvement in the Valerie Plame controversy and his insights into journalism and law. READ MORE...

Wherein emptywheel Disagrees with PatFitz by emptywheel

As seen on The Next Hurrah

As some of you might remember way back, I first got sucked into the Plame investigation when Judy Miller was heading to jail. I found her appeal to a non-existent reporter's privilege a farce, given that her relationship with the Bush Administration had long dropped any pretense of journalism.

So it may surprise you that I think Patrick Fitzgerald uses the wrong approach in his editorial lobbying against the shield law before Congress. Mind you, I don't think his intent is wrong--I find the shield law flawed on several counts. But his argument doesn't admit the problematic context in which leaks currently exist.

For example, Fitzgerald is speaking exclusively as a prosecutor when he complains about the way the shield law would hamper any investigation of national security leaks. I take his representation at his word--I trust the shield law would make it nearly impossible to investigate the kinds of leaks (through Judy to the Islamic charities, through Judy--Cheney hoped--to out Plame) Fitzgerald has been investigating. Not surprisingly (in this he is as consistent as always), he accepts that leaks endanger national security, citing Robb Silberman and 9/11 Commission. READ MORE...

Norman Pearlstine Speaks at SBU By: Lynn Hsieh

Norman Pearlstine, the former editor-in-chief of Time Inc., came to speak last Tuesday, Sept. 25th at an event presented by Stony Brook's School of Journalism. Pearlstine, who oversaw the editorial content of Time Inc.'s 154 magazines, spoke about the role of the press in America and the complex relationship between journalists and their sources.

Pearlstine started the lecture by asking the audience a series of questions in relation to the role of the press and the law. He also referred to the controversy surrounding Matthew Cooper and Time Inc., regarding the investigation of the Valerie Plame case and confidential sources.

Journalists and sources have always had a complex relationship. Sources worry about how the journalist will present them to the public. Their reputation, careers and livelihood could be at stake. Journalists must be "careful not to misuse them," and "need to not make promises to sources we can't keep," Pearlstine said. READ MORE...

Entangled journalists discuss ethical implications of Scooter Libby trial, CIA leak by Beth King

WASHINGTON, D.C. – Journalists rely too much on confidential sources to uncover government corruption and they should be careful when offering sources confidentiality, said two political journalists involved in the 2003 CIA leak case and the ensuing Scooter Libby trial, which placed journalists front and center in an international political scandal.

In a panel discussion Saturday during the 2007 SPJ Convention & National Journalism Conference in Washington, D.C., Robert Novak of the Chicago Sun Times and former Time, Inc., editor-in-chief Norman Pearlstine discussed the ethical questions of journalists, the resulting implications and the lessons learned from becoming central players in a criminal prosecution and scandal. The panel was moderated by Bob Franken, a former CNN political correspondent and columnist. READ MORE...

Journalism in the Twilight Zone by Myra Macpherson

All journalists savor the image of bravely walking into the slammer to protect a source. It’s a heroic vision bearing little resemblance to the smarmy affair that became known as Plamegate.

The latest famous case involving journalists protecting confidential sources involved no principled reporter shielding a noble whistleblower who stood to lose all if exposed. Instead, it was the spawn of a vengeful quest by Bush’s palace guard to get even with former Ambassador Joe Wilson by orchestrating a leak-and-smear campaign to out his wife, CIA covert agent Valerie Plame. Wilson’s offense? Exposing one of the major lies that Bush used to start a war: that Iraq was seeking uranium “yellowcake” in Niger.

Norman Pearlstine, editor-in-chief of Time Inc. at the time and a contentious player in the case, has written his version of events in Off the Record: The Press, the Government, and the War over Anonymous Sources. Using much that has been previously printed, Pearlstine rehashes the case, lacing the tale with a history of 20th century legal decisions that endangered First Amendment rights. The fun comes when Pearlstine—roasted for giving in to prosecutors—plays get-even. He slams New York Times publisher Arthur O. Sulzberger, Jr., First Amendment lawyer Lloyd Abrams, jailbird reporter Judy Miller, and other players in the Plame affair. READ MORE...

Former Forbes editor James Michaels dies at age 86 By COLLEEN LONG

NEW YORK - James W. Michaels, who transformed business journalism as the editor of Forbes magazine for nearly four decades, has died at age 86.

Michaels died Tuesday of pneumonia, the magazine said.

He joined Forbes in 1954 as a reporter covering mutual funds and was promoted to editor in 1961, steering the magazine into its trademark blunt, opinionated style.

Without exaggeration, Michaels was the foremost editor of our era," the magazine said Wednesday on its Web site.

It described Michaels as a wonderful teacher and deft editor who "turned what was then a second-rate publication into not only the leader of the business category but also one of the best magazines both here and around the world." READ MORE...