Department of Justice memo codifies spying on the press

Tom Carter

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.


Mandela's greatness may be assured, but not his legacy

John Pilger

When I reported from South Africa in the 1960s, the Nazi admirer Johannes Vorster occupied the prime minister's residence in Cape Town. Thirty years later, as I waited at the gates, it was as if the guards had not changed. White Afrikaners checked my ID with the confidence of men in secure work. One carried a copy of 'Long Walk to Freedom', Nelson Mandela's autobiography. "It's very eenspirational," he said.

Mandela had just had his afternoon nap and looked sleepy; his shoelaces were untied. Wearing a bright gold shirt, he meandered into the room. "Welcome back," said the first president of a democratic South Africa, beaming. "You must understand that to have been banned from my country is a great honour." The sheer grace and charm of the man made you feel good. He chuckled about his elevation to sainthood. "That's not the job I applied for," he said drily.

Still, he was well used to deferential interviews and I was ticked off several times - "you completely forgot what I said" and "I have already explained that matter to you". In brooking no criticism of the African National Congress (ANC), he revealed something of why millions of South Africans will mourn his passing but not his "legacy".


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