Entries by emptywheel

DOJ Rethinks — but in a Few Areas, Expands — Access to Media Content

The revised guidelines for using legal process for journalists rolled out by Merrick Garland yesterday affirmatively protect reporting on classified information in the definition of newsgathering. They close a number of surveillance loopholes used in recent years. But in other ways, the guidelines define journalism by what it’s not, excluding a number of crimes of interest in recent years.

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Kash Patel’s Immunized Testimony Is about Premeditation, Not (Just) about Declassification

Kash Patel is not primarily a witness about whether Trump declassified the documents he stole. He’s a witness about whether Trump had a premeditated plan to steal classified documents and disseminate them to people not entitled to have them. And that’s why the serial reports about DOJ seeking to immunize Kash’s testimony are interesting. 

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