The DOJ seized a New York Times' reporter's phone and email records. Here's why it matters.
The lessons of the DOJ's data seizure
The arrest Thursday night of the Senate Select Committee on Intelligence's former security director on charges of lying to investigators about his contact with reporters, and the revelation, pinned to the episode, that New York Times reporter Ali Watkins had her cell phone and email metadata obtained by the government in connection with a leak probe, may represent a one-off in terms of journalistic tradecraft. After all, Watkins knew the staffer, James Wolfe, quite well, and for several years. They were once in a romantic relationship.
Nonetheless, there are broader lessons to be learned. This is a big deal.
The Justice Department got Wolfe's cell phone records quite easily, and then asked him about his contacts with Watkins, who had reported several groundbreaking stories on the Russia investigation. Wolfe allegedly denied making the specific contacts.
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.
After (so says the Justice Department) availing itself of other means to try and establish the truth without obtaining the corresponding records of Wolfe's journalistic counterparty, they subpoenaed Watkins' personal cell and her Google account metadata. According to NBC News, matching the two sets of records showed that on the same day as Wolfe acknowledged receipt of a top secret document that contained details of a sensitive stream of intelligence about the investigation, he sent Watkins 82 messages. (The FBI did not obtain the content of those messages). Two weeks later, Watkins published a story that contained information that could only have come from that document.
The journalistic establishment will rightly protest the Justice Department's invasive efforts to obtain information about a reporter's source. This will chill speech in what is already a frigid environment for journalists. And the stakes couldn't be higher.
That said, journalists have a corresponding obligation to practice tradecraft that is commensurate with the gravity of the information that they're seeking. We must assume that the government will obtain the calling and messaging records of our sources, and so we need to find ways to obscure our contacts with them. Even sources who should know better — like (allegedly) Wolfe — need to be protected from their own instincts. Again, the stakes here are too high.
The obligation to aggressively hold the government accountable is paramount and never more so than when our institutions seem to be under attack from within, and when the rule of law is treated like a trifle. We cannot offer our strategic adversaries — the government — low-hanging fruit in the form of time/date coincidences. Sometimes, the risk-benefit analysis we make will permit us to take shortcuts. Maybe we should try and take the longer route.
I don't know anything about this story beyond what I read Thursday night. In late January, Watkins graciously spent time talking with members of my national security reporting class at the Annenberg School of Communications and Journalism at USC, and she stressed how critical it was to proactively protect sources. (She did not mention anything about being questioned by the FBI — and nor would I have expected her to). So it is possible that the bill of facts as laid out by the government are misleading. Watkins is an excellent reporter and I hope her work will not be undermined by snarky asides about her personal relationships. At the same time, her tale should cause everyone who cares about national security reporting to tread carefully.
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
Marc Ambinder is TheWeek.com's editor-at-large. He is the author, with D.B. Grady, of The Command and Deep State: Inside the Government Secrecy Industry. Marc is also a contributing editor for The Atlantic and GQ. Formerly, he served as White House correspondent for National Journal, chief political consultant for CBS News, and politics editor at The Atlantic. Marc is a 2001 graduate of Harvard. He is married to Michael Park, a corporate strategy consultant, and lives in Los Angeles.
-
Will California's EV mandate survive Trump, SCOTUS challenge?
Today's Big Question The Golden State's climate goal faces big obstacles
By Joel Mathis, The Week US Published
-
'Underneath the noise, however, there’s an existential crisis'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
2024: the year of distrust in science
In the Spotlight Science and politics do not seem to mix
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