Why did the Obama administration spy on the Associated Press?
The Justice Department collected two months' worth of reporters' phone records
The Associated Press on Monday revealed that the Department of Justice had secretly spied on AP reporters, obtaining two months' worth of telephone records in what was most likely an attempt to crack down on internal leaks.
According to the AP, the Justice Department acquired records for more than 20 different phone lines associated with the news agency — including reporters' cell, office, and home lines — that could affect more than 100 staffers. Calling the move a "massive and unprecedented intrusion," AP President and Chief Executive Officer Gary Pruitt demanded that the DOJ explain why it had gone after the records. He also insisted that the government return the phone records and destroy all other copies of them.
"There can be no possible justification for such an overbroad collection of the telephone communications of the Associated Press and its reporters," he said in a strongly worded letter to Attorney General Eric Holder. "These records potentially reveal communications with confidential sources across all of the news-gathering activities undertaken by the AP during a two-month period, provide a road map to AP's news-gathering operations, and disclose information about AP's activities and operations that the government has no conceivable right to know."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
He also accused the government of violating the news agency's First Amendment rights, saying, "We regard this action by the Department of Justice as a serious interference with AP’s constitutional rights to gather and report the news."
The DOJ told the AP of the secret eavesdropping on Friday, though the department did not explain exactly why it had gone after the records, dated April and May of 2012. According to the AP, the records detail incoming and outgoing calls on reporters' personal phones, as well as office lines in New York, Hartford, Conn., and Washington, D.C. — including the agency's line at the House of Representatives.
The AP suggested the snooping may have been an attempt to find out who within the government leaked information about a foiled Yemeni terror plot that ran in a May 2012 AP story.
More from the Associated Press on that:
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
As the AP notes, prosecutors had previously asked the agency and its reporters for that information, though the news agency declined to cooperate. According to the AP, phone records for five reporters and one editor who worked on that story were among those collected by the DOJ.
In an interview with The Washington Post, a lawyer for the AP warned that the intrusion would have a chilling effect on the agency's ability to effectively gather and report the news.
"This action is a dagger to the heart of AP's news-gathering activity," lawyer David Schulz said. "Sources are not likely to talk to reporters who they know are being used as investigative tools by prosecutors. And that's what's happening here."
Likewise, the American Civil Liberties Union strongly condemned the seizure as an "unacceptable abuse of power."
"Freedom of the press is a pillar of our democracy, and that freedom often depends on confidential communications between reporters and their sources," Ben Wizner, director of the ACLU's Speech, Privacy and Technology Project, said in a statement.
Rep. Darrell Issa (R-Calif.), who as chairman of the House Oversight and Government Reform Committee has sparred with Holder before, most notably on the Fast and Furious gun smuggling program, promised a House inquiry into the revelation.
"They had an obligation to look for every other way to get it before they intruded on the freedom of the press," he told CNN.
A spokesperson for the U.S. Attorney's office in Washington defended the DOJ's move, suggesting the department was allowed to secretly pull those records because of the ongoing nature of the criminal probe.
"We must notify the media organization in advance unless doing so would pose a substantial threat to the integrity of the investigation," the office said, according to CNN. "Because we value the freedom of the press, we are always careful and deliberative in seeking to strike the right balance between the public interest in the free flow of information and the public interest in the fair and effective administration of our criminal laws."
Matthew Miller, a former spokesman for Holder, told The Huffington Post that the DOJ's only other option would have been to subpoena the reporters.
"This is how leaks get investigated," he said. "Leaking classified information is a crime, and there are usually only two parties who know who committed the crime, the leaker and the reporter. Getting access to phone records allows investigators to see who the possible source might have been and confront them with evidence of a crime."
Jon Terbush is an associate editor at TheWeek.com covering politics, sports, and other things he finds interesting. He has previously written for Talking Points Memo, Raw Story, and Business Insider.
-
'It may not be surprising that creative work is used without permission'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
5 simple items to help make your airplane seat more comfortable
The Week Recommends Gel cushions and inflatable travel pillows make a world of difference
By Catherine Garcia, The Week US Published
-
How safe are cruise ships in storms?
The Explainer The vessels are always prepared
By Devika Rao, The Week US Published
-
US election: who the billionaires are backing
The Explainer More have endorsed Kamala Harris than Donald Trump, but among the 'ultra-rich' the split is more even
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published
-
1 of 6 'Trump Train' drivers liable in Biden bus blockade
Speed Read Only one of the accused was found liable in the case concerning the deliberate slowing of a 2020 Biden campaign bus
By Peter Weber, The Week US Published
-
How could J.D. Vance impact the special relationship?
Today's Big Question Trump's hawkish pick for VP said UK is the first 'truly Islamist country' with a nuclear weapon
By Harriet Marsden, The Week UK Published
-
Biden, Trump urge calm after assassination attempt
Speed Reads A 20-year-old gunman grazed Trump's ear and fatally shot a rally attendee on Saturday
By Peter Weber, The Week US Published