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July 8, 2008

The Jewish Ethicist by Rabbi Dr. Asher Meir: Q. Duty to save gullible from themselves?

Frank J. Gaffney, Jr.: Islamists have the West just where they want us

JWisdom:: Putting the Spirit Back into Spirituality, Part 3: The Fully Loaded Human Being by Rabbi Dovid Gross

July 3, 2008

Rabbi Dr. Abraham J. Twerski: A spiritual budget (TOUCHING!)

Jeff Jacoby: Israel still paying for its defeat

JWisdom:: Re-Jew-venating prayer, Part IV by Rabbi David Aaron

JWisdom:: The Moses Method by Rabbi Sroy Levitansky

July 2, 2008

Jonathan Tobin: Appeasers Make Poor Patriots

The Kosher Gourmet By Kathleen Purvis: Slaw, y'all: For BBQs or Sabbath dinner, these southern recipes are something else!

JWisdom:: Rabbi Mordechai Becher: Jewish Rx for A Simpler Life

July 1, 2008

The Jewish Ethicist by Rabbi Dr. Asher Meir: Q. I think it's important to leave a legacy to my children. How much should I save towards this end?

Paul Greenberg:A President who is history deficient?

JWisdom:: Holocaust in the Perspective of Faith by Rabbi Nosson Scherman: Poland's Unique Antisemitism

June 30, 2008

Jonathan Rosenblum: Remembering the architect of Torah Judaism for the modern world

Abe Novick: Hulk: Still a Jew?

JWisdom: : Putting the Spirit Back into Spirituality, Part 2: The Abandoned Child

June 26, 2008

Rabbi Abraham J. Twerski: Quantum leap to evil

Caroline B. Glick: Victimized families must not be allowed to dictate policy

June 25, 2008

Rabbi Yonason Goldson: Today in Biblical History: King Jeroboam of Israel prevents pilgrimage to Jerusalem

Jonathan Tobin: Real Friends and Real Enemies

JWisdom: Raping of reason By Rabbi Sroy Levitansky

June 25, 2008

Steven Emerson: Kristof: Never Mind the Terrorists

Stratfor Intelligence Briefing: Mediterranean Flyover: Telegraphing an Israeli Punch?

JWisdom: Rabbi David Aaron: Re-Jew-venating prayer, Part III

June 24, 2008

Caroline B. Glick: What were they thinking!?

Frank J. Gaffney, Jr.: Guilty knowledge

JWisdom: Holocaust in the Perspective of Faith by Rabbi Nosson Scherman: Warping Innocence

June 23, 2008

The Jewish Ethicist by Rabbi Dr. Asher Meir: Diploma dilemma

Jeff Jacoby: A world without children

JWisdom: Rabbi Dovid Gross: Putting the Spirit Back into Spirituality --- Introduction

June 20, 2008

Rabbi A. Henach Leibowitz: Man: The Crowning Glory of Creation

Caroline B. Glick: Israel's darkest week

JWisdom: We aren't worthy? by Rabbi Sroy Levitansky

June 19, 2008

Rabbi Elazar Meisels: The saints who don't come marchin' in

Chris Christoff: Muslim woman demands an apology from Obama after camera snub

June 18, 2008

Jonathan Tobin: Still Dancing Around Jerusalem

The Kosher Gourmet by Steve Petusevsky: Chilled fruit and vegetable soups

JWisdom: Souls Need A Check Up? by Rabbi Mordechai Becher

June 17, 2008

Rabbi Avi Shafran: Baby Einstein

Caroline B. Glick: Bush's rhetoric, Bush's policies

JWisdom: Re-Jew-venating prayer, Part II by Rabbi David Aaron

June 16, 2008

Varda Branfman: Bob Dylan, won't you please come home?

Diana West: Academic dares to question the 'religion of peace'

JWisdom: Holocaust in the Perspective of Faith by Rabbi Nosson Scherman: Positive Backfire

June 13, 2008

Rabbi Berel Wein: Trading manna for whine

Caroline B. Glick: Peace with friends

JWisdom: From the mouths of … by Rabbi Sroy Levitansky

June 12, 2008

Michael Feldberg: Meet Paul Revere's pal, the Orthodox Jew who played a key role in laying Boston's cultural and business infrastructure

The Kosher Gourmet by Kathy Manweiler: No need to be tempted by Wendy's mandarin chicken salad

JWisdom: Re-Jew-venating prayer, Part I by Rabbi David Aaron

June 11, 2008

Rabbi Avi Shafran: What would Hillel say?

Jonathan Tobin: UNRWA and NGOs: The Real U.N. 'Insult'

JWisdom: Sara Yoheved Rigler: Greatness Made Simple: How a momentary decision shifted life's course and destination

June 6, 2008

Rabbi Pinchas Stolper: Revelation: The basis of faith

Binyamin L. Jolkovsky: Mere hours after becoming Israel's new 'best friend' Obama backtracks on status of Jerusalem

Caroline B. Glick: UN choosing to protect rogue nuclear programs

JWisdom: Sameness in difference by Rabbi Sroy Levitansky

June 5, 2008

David Lightman: Now Obama wants to be Israel's newest 'best friend'

Obama's remarks to AIPAC policy conference

The Kosher Gourmet By Ethel G. Hofman: Shavous cuisine: Ruby Fruit Soup, Lokshen Kugel with Cheese, Key Lime Curd, Calsone Casserole Frittata with Wild Mushrooms, Sun-dried tomatoes and Olives, Baked Tilapia with Pepper Cheese Cream and Brown Sugar Shortbread

JWisdom: Why a Jewish Jerusalem makes so many nervous by Rabbi Mordechai Becher

June 4, 2008

Jonathan Rosenblum: A different sort of 'religious broadcaster'

Jonathan Tobin: Misgivings on the Road to Damascus

JWisdom: 44 Years Without An Argument? by Sara Yoheved Rigler

June 3, 2008

Daniel Pipes: Obama vs. McCain on the Middle East

Everything's Relative: There is a crisis growing in Orthodox synagogues worldwide, reveals Jordan "Gorf" Gorfinkel

JWisdom: White Facades; Black Secrets by Rabbi Mordechai Becher

June 2, 2008

The Jewish Ethicist by Rabbi Dr. Asher Meir: Q: Lie to outsmart discriminator?

He writes the songs that make our souls sing:Gavriel Aryeh Sanders interviews Jewish music legend Ben Zion Shenker; includes stirring, uplifting song

JWisdom: Holocaust in the Perspective of Faith by Rabbi Nosson Scherman: Of laws and lives

March 22, 2007

J-Rhythms with Avraham Rosenblum: JWR's cutting-edge music program showcasing performers -- singers, song writers, musicians, and bands -- who learn and live the Torah lifestyle (OUR NEWEST IGODCAST !)

Oct. 29, 2003
Mortimer B. Zuckerman: Graffiti On History's Walls (MUST-READ!)

Jewish World Review May 13, 2008 / 8 Iyar 5768

The Leaker Shield Act

By Frank J. Gaffney, Jr.


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http://www.JewishWorldReview.com | There is something unique about what has come to be called the War on Terror. In this conflict, as the U.S. government struggles to defeat the enemy and keep our people safe, it is up against not only those who overtly and unambiguously seek to destroy us. It also confronts those who are prepared to reveal classified information and programs, even when doing so makes it harder to vanquish our foes and protect this country.


The latter fall into four principal categories:


  • Some call themselves "journalists" who work for traditional news organizations, notably the New York Times. On occasion, they win Pulitzer Prizes for compromising the Nation's secrets.

  • Some are members of what has come to be called the "new media" or "alternative media." Most traditional journalists detest the idea that their trade is being practiced by people who find in outlets like on-line publications, the Blogosphere, YouTube and FaceBook vehicles to disseminate information worldwide and instantaneously. But the reach of the world-wide web is, well, world-wide and so is the impact of its "journalists."

  • Among those making use of these "New Age" tools are some who use the guise of journalism as a cover for our enemy's disinformation and propaganda. In fact, some of the most capable users of the Internet routinely engage in information warfare on behalf of Islamofascist terrorist organizations like Al Qaeda, Hezbollah, Hamas and their state-sponsors.

  • Then there are the individuals who hold positions of trust in the federal government itself. They have been given access to secret data and capabilities on the promise not to reveal such knowledge without authorization. Yet, some choose to violate their oaths in the furtherance of divergent policy agendas. Of course, folks in this category are not journalists. They are called "sources."


It is imperative to consider these four categories as the U.S. Senate prepares to consider legislation with the unobjectionable-sounding name of the "Free Flow of Information Act (FFIA) of 2007." The bill, S. 2035, is better known as the "media shield" law. It would be more accurate to call it the "Leaker and Other Enemies Shield Act."


Freedom of the press is, of course, one of the bedrock principles upon which this nation was founded. And those who dare criticize the media and its efforts to expand privileges it enjoys under the rubric of press freedoms - notably, officials responsible for prosecuting journalists' "confidential government sources" for the illegally revelation of classified information - generally are subjected to very bad notices.


Still, it is a terrible idea - particularly in time of war - to be providing "media shields" to anyone who can claim to be a journalist and to their law-breaking sources in government. Yet, that is precisely what S.2035 would do.


The FFIA creates a highly problematic journalist's privilege. It would effectively prevent the federal government from compelling anyone "engaging in journalism" to give testimony or produce any document revealing that journalist's source, if the source gave the information under cover of confidentiality.


Were S.2035 to become law, investigators and prosecutors charged with bringing to justice sources who have engaged in criminal leaks would have to prove all of the following to the satisfaction of a federal judge: (1) The government has first exhausted all other avenues besides the journalist to obtain a source's identity; (2) there are reasonable grounds to believe that a crime has taken place; (3) the source's identity is "essential" to the investigation; (4) the information that was disclosed was "properly classified" to begin with; (5) the person who leaked the information had authorized access to it; (6) the source's unauthorized disclosure "has caused or will cause significant, clear, and articulable harm to the national security; and (7) non-disclosure of the source's identity would be contrary to the public interest when weighed against the other public interest in "gathering news and maintaining the free flow of information."


As a practical matter, as an array of Cabinet and subcabinet officers responsible for keeping us safe and enforcing the law have warned the Senate, no source is going to be held accountable under this law. For example, Attorney General Michael Mukasey and Director of National Intelligence Mike McConnell advised the Senate's leadership they would be hobbled by myriad Catch-22s inherent in the FFIA.


Consider two of these cited by the AG and DNI: How can a prosecutor show that a person who leaked information had authorized access to it (Requirement 5), without first knowing the identity of the source? How can a prosecutor show that a leak "has caused or will cause significant, clear, and articulable harm to the national security" (Requirement 6), without first having to offer evidence to a judge that will reveal even more classified information?


By assuring "journalists" - the bill's definition is broad enough to cover all of the first three categories described above - they need not fear having to divulge the source of a leak, sources will feel even less compunction than they do today to break their promises and leak with impunity.


In short, the Free Flow of Information Act is not about freedom of the press. It is about freeing government officials of their legal responsibilities and enabling those who would do us all harm - whether intentionally or in the name of "the people's right to know." The President's senior advisors have rightly indicated that they will recommend his veto should this bill make it to his desk. Senators should ensure that the Leakers and Other Enemies Protection Act never gets there.


Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JWR contributor Frank J. Gaffney, Jr. heads the Center for Security Policy. Comments by clicking here.

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America has been at war for years, but until now, it has not been clear with whom or precisely for what. And we have not been using the full resources we need to win.

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War Footing shows that we are engaged in nothing less than a War for the Free World. This is a fight to the death with Islamofascists, Muslim extremists driven by a totalitarian political ideology that, like Nazism or Communism before it, is determined to destroy freedom and the people who love it. Sales help fund JWR.

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