I've been blogging here, to mixed reception, about the alarming increase of "leak" investigations and prosecutions under President Obama.
Yesterday, the L.A. Times had a lead editorial on "The Obama Administration's Attacks on the Media."
[T]his administration has pursued a quiet but malicious campaign against the news media and their sources, more aggressively attacking those who ferret out confidential information than even the George W. Bush administration did.
It specifically mentions the cases of James Risen, one of the New York Times reporters who broke the warrantless wiretapping story, and Thomas Drake, a former NSA official indicted for supposedly leaking details of NSA secret surveillance programs to the Baltimore Sun.
Risen and Drake are bookends of a disturbing trend of the "Transparency President": keeping information from the public.
The indictment of Tom Drake under the Espionage Act weaves a sordid tale of intrigue about how Drake committed dastardly deeds by leaking classified information to a Baltimore Sun reporter. But Drake never gave classified information to a reporter. Upon a close read of the indictment, he is not charged with "leaking" (there is no such crime) anything at all. Rather, he is charged with retention of classified documents for the purposes of distribution (there is no such crime).
The L.A. Times nails what this is prosecution is really about:
The [Baltimore Sun] reported extensively on technical problems with an NSA program that Drake was involved with; that reporting embarrassed the government, which indicted the individual it says brought about that embarrassment. That smacks of retaliation, not legitimate protection of sensitive information.
Tom Drake is a whistleblower we would have applauded during the Bush years, but now he is facing 35 years in jail.