A Perversion of Confidentiality

The spirit of any shield law would be to protect whistle blowers. By protecting whistle blowers, we gain important information that allows the public to fulfill the oversight role of an informed citizenry. The Valerie Plame Case is one in which the media was being used not to expose wrong doing, but as a tool of revenge. Ironically, the target of this revenge was a whistle blower. Protecting the source amounted to abetting the obstruction of justice in this case. Should someone who is using the media to commit a crime have a reasonable expectation that their anonymity will be respected? The criminal act was itself the disclosure of someone's confidential information. It is a further irony that neither Richard Armitage nor Robert Novak suffered any consequences for their actions. I find it difficult to believe that Novak failed to understand how he was being used by the Bush Administration. Unfortunately, it seems naive to think that journalists will take a stand against this kind of treatment since they tend to be in a week position relative to their sources. Some may even be eager to to such dirty work. I doubt Mr. Novak lost any sleep. The outcome in this case is rather absurd. A few minor players spent time in jail while the principals went free. Judith Miller kept her word, but lost her credibility with her readers. Matt Cooper learned a lesson about keeping control of his information. Scooter Libby lost his license to practice law, but succeeded in "taking one for the team." The American public got taken for a ride.