Department of Justice memo codifies spying on the press
On Friday, the US Department of Justice (DOJ) released a memorandum setting forth new “guidelines” concerning government surveillance of members of the press. “These revised guidelines will help ensure the proper balance is struck when pursuing investigations into unauthorized disclosures,” announced Attorney General Eric Holder.
Billed on the front page of the New York Times as a major reform that “would significantly narrow the circumstances under which journalists’ records could be obtained,” the memorandum actually does nothing of the kind.
The memorandum (available here) resembles Holder’s previous work on the subject of military commissions, incommunicado detention, drones, and assassination. Couched behind weasel-words, vague loopholes, and conciliatory language, the Obama administration always goes out of its way not to concede any limits on its asserted powers.
As an initial matter, the idea that an internal Department of Justice memorandum could constitute a “reform” is a sham. If the Obama administration can “self-restrict” its activities, then it can just as easily “self-expand” them.