The FBI's latest move to raid a journalist's home is merely another example in a long history of the US government trying to silence its critics. The raid on Hannah Natanson, which resulted in her alleged source being jailed, is simply the latest escalation in a decades-long trend of backsliding by the US government towards authoritarianism.
The roots of this problem go back much further than Trump's presidency, however. Following the publication of the Pentagon Papers in 1971, President Nixon turned to the Espionage Act to prosecute whistleblower Daniel Ellsberg, a model for later FBI and CIA break-ins. The act has since become a loaded gun against journalists and their sources, largely unfired until the Obama administration normalized it as a go-to tool.
Under the former constitutional law professor's administration, which promised transparency, the Espionage Act was used to target whistleblowers who helped inform the public about war crimes, torture, and unconstitutional surveillance. Chelsea Manning, Edward Snowden, Thomas Drake, and John Kiriakou were transformed into criminals in part due to their involvement with journalists.
Targeting sources is a direct affront to press freedom and inevitably leads to targeting journalists themselves. The Obama administration's attempt to compel national security reporter James Risen to name his source about a botched CIA covert action was a clear example of this, with the Department of Justice backing off on incarcerating Risen but putting his alleged source, Jeffrey Sterling, on trial.
The government's pursuit of WikiLeaks was even more egregious. Julian Assange and his source, Chelsea Manning, faced torturous conditions in confinement and unprecedented prison sentences. However, the initial target was not just Manning but also publisher Julian Assange himself, with a 2013 Espionage Act indictment dealing with both publishing and allegations of a journalist-source relationship being a crime.
The Biden administration's decision to extract a plea deal from Assange under similar charges further solidified this narrative of prosecuting journalists for doing their job. Routinely prosecuting whistleblowers under the Espionage Act, surveilling journalists to enable prosecution of their sources, and even prosecuting a journalist himself created the perfect storm for Trump to use these tools against the press.
The recent case of Seth Harp, a bipartisan congressional subpoena targeting him for reporting government secrets as "leaking," is just another example of how Americans and their representatives in Congress have been primed to accept nonsensical claims about journalism. Congress passed the Privacy Protection Act of 1980 in response to a raid on the Stanford Daily, recognizing dangers of law enforcement commandeering newsrooms.
However, despite this act's intent to protect journalists from pretextual raids and seizures, its efficacy largely depends on police, prosecutors, and judges taking it seriously. Sadly, many fail to do so, with multiple cases illustrating that the law is toothless, particularly when it comes to admitting illegally seized evidence.
The Marion County Record's 2023 raid, based on a flimsy claim about journalists violating identity theft laws by pursuing a local restaurateur's driving record, became infamous after the paper's co-owner Joan Meyer died from shock the next day. Reached by email, her son, Eric Meyer, expressed alarm at the Natanson raid, noting that law enforcement officials seem to have lost the ability to read.
Other cases illustrate this pattern of behavior. Police in San Francisco raided the home and office of independent journalist Bryan Carmody in 2019, leading to a lawsuit and settlement. Kansas cops even ignored the lessons of the Marion case and sought an illegal warrant for a newspaper last year.
The normalization of invading newsrooms under flimsy pretexts has now spread to the highest levels of the federal government. Combined with decades-long attacks on whistleblowers and national security journalists, this creates a deadly tool against the free press – particularly when used by a president who has made statements about beating, jailing, or raping journalists in prison.
This is not an isolated incident; it's part of a broader assault on journalism that must be taken seriously. As Seth Stern and Chip Gibbons note in their article, "we have been backsliding to this point – at both the federal and local levels – for quite some time."
The roots of this problem go back much further than Trump's presidency, however. Following the publication of the Pentagon Papers in 1971, President Nixon turned to the Espionage Act to prosecute whistleblower Daniel Ellsberg, a model for later FBI and CIA break-ins. The act has since become a loaded gun against journalists and their sources, largely unfired until the Obama administration normalized it as a go-to tool.
Under the former constitutional law professor's administration, which promised transparency, the Espionage Act was used to target whistleblowers who helped inform the public about war crimes, torture, and unconstitutional surveillance. Chelsea Manning, Edward Snowden, Thomas Drake, and John Kiriakou were transformed into criminals in part due to their involvement with journalists.
Targeting sources is a direct affront to press freedom and inevitably leads to targeting journalists themselves. The Obama administration's attempt to compel national security reporter James Risen to name his source about a botched CIA covert action was a clear example of this, with the Department of Justice backing off on incarcerating Risen but putting his alleged source, Jeffrey Sterling, on trial.
The government's pursuit of WikiLeaks was even more egregious. Julian Assange and his source, Chelsea Manning, faced torturous conditions in confinement and unprecedented prison sentences. However, the initial target was not just Manning but also publisher Julian Assange himself, with a 2013 Espionage Act indictment dealing with both publishing and allegations of a journalist-source relationship being a crime.
The Biden administration's decision to extract a plea deal from Assange under similar charges further solidified this narrative of prosecuting journalists for doing their job. Routinely prosecuting whistleblowers under the Espionage Act, surveilling journalists to enable prosecution of their sources, and even prosecuting a journalist himself created the perfect storm for Trump to use these tools against the press.
The recent case of Seth Harp, a bipartisan congressional subpoena targeting him for reporting government secrets as "leaking," is just another example of how Americans and their representatives in Congress have been primed to accept nonsensical claims about journalism. Congress passed the Privacy Protection Act of 1980 in response to a raid on the Stanford Daily, recognizing dangers of law enforcement commandeering newsrooms.
However, despite this act's intent to protect journalists from pretextual raids and seizures, its efficacy largely depends on police, prosecutors, and judges taking it seriously. Sadly, many fail to do so, with multiple cases illustrating that the law is toothless, particularly when it comes to admitting illegally seized evidence.
The Marion County Record's 2023 raid, based on a flimsy claim about journalists violating identity theft laws by pursuing a local restaurateur's driving record, became infamous after the paper's co-owner Joan Meyer died from shock the next day. Reached by email, her son, Eric Meyer, expressed alarm at the Natanson raid, noting that law enforcement officials seem to have lost the ability to read.
Other cases illustrate this pattern of behavior. Police in San Francisco raided the home and office of independent journalist Bryan Carmody in 2019, leading to a lawsuit and settlement. Kansas cops even ignored the lessons of the Marion case and sought an illegal warrant for a newspaper last year.
The normalization of invading newsrooms under flimsy pretexts has now spread to the highest levels of the federal government. Combined with decades-long attacks on whistleblowers and national security journalists, this creates a deadly tool against the free press – particularly when used by a president who has made statements about beating, jailing, or raping journalists in prison.
This is not an isolated incident; it's part of a broader assault on journalism that must be taken seriously. As Seth Stern and Chip Gibbons note in their article, "we have been backsliding to this point – at both the federal and local levels – for quite some time."