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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

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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"War Footing: 10 Steps America Must Take to Prevail in the War for the Free World"  

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.

With the publication of War Footing, lead-authored by Frank Gaffney, it not only becomes clear who the enemy is and how high the stakes are, but also exactly how we can prevail.

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.

© 2006, Frank J. Gaffney, Jr.

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