Editorials criticize FBI’s impersonation

The FBI’s recent admission that it fabricated an Associated Press story and impersonated an AP reporter during an investigation of bomb threats in the Seattle area continues to generate criticism of the agency’s actions.

USAT1“Catching potential bombers obviously is a good thing, but there are ways to do it without making news operations look like government shills,” USA Today said in an editorial today. “When journalists contact potential sources — whether by phone, e-mail or in person — they need people to trust that they are in fact reporters, not undercover cops.”

WashingtonPost“What was wrong about the Seattle operation was the potential damage to the credibility of the Associated Press by the creation of a false news account by the government and by the impersonation of a reporter,” a Washington Post editorial argued. “The technique threatens to undermine all reporters — not just those from the AP — who seek information from sources and represent themselves truthfully as independent journalists.”

Reuters media columnist Jack Shafer wrote: “Whenever police officers masquerade as journalists, they introduce doubt into the public’s mind about whether the next person purporting to be a journalist is actually a police officer or the stories in the news are really bait set by police.”

In Pennsylvania, The Scranton Times-Tribune Editorial Board said this: “Democracy works only with an independent press that is not controlled by the government. The nation’s Founding Fathers knew that. That’s why, right there in the First Amendment, it says that Congress shall make no law … abridging the freedom of speech, of the press.

“It doesn’t include a specific prohibition against government agencies impersonating reporters. Perhaps the founders believed that their successors would have the good sense not to jeopardize the independence of the press.

“Recently, however, the FBI has decided to impersonate the press, thus diminishing the press’ separation from the government.”

In an opposing view published by USA Today, former FBI Assistant Director Ronald T. Hosko, now president of the Law Enforcement Legal Defense Fund, said the FBI “takes seriously its use of sensitive operations,” adding that in the Seattle investigation “no law was broken, no policy was avoided, nothing was traded away with an ‘ends justify the means’ calculus.”

Meanwhile, AP is awaiting a reply to President and CEO Gary Pruitt’s Nov. 10 letter to Attorney General Eric Holder and FBI Director James Comey in which he asked who authorized the investigative tactics in 2007 and sought “assurances that this won’t happen again.”

Editorials also have appeared in The New York Times, The Denver Post, The Seattle Times, The Arizona Republic, The Spokesman-Review (in Spokane, Washington), The Repository (in Canton, Ohio) and other newspapers.

AP CEO demands answers from DOJ and FBI

Gary Pruitt, President and CEO of The Associated Press, delivers the keynote address at the Greater Omaha Chamber of Commerce annual meeting luncheon in Omaha, Neb., Thursday, Feb. 20, 2014. Pruitt spoke on the subject of "Free Press vs. National Security: The False Choice." (AP Photo/Nati Harnik)

Gary Pruitt, President and CEO of The Associated Press, delivers the keynote address at the Greater Omaha Chamber of Commerce annual meeting luncheon in Omaha, Neb., Thursday, Feb. 20, 2014. (AP Photo/Nati Harnik)

Protesting the FBI’s impersonation of an Associated Press reporter, AP President and CEO Gary Pruitt today demanded answers from Attorney General Eric Holder and FBI Director James Comey.

In a letter addressed to both men, Pruitt likened the FBI’s impersonation during a 2007 investigation to identity theft and said the move seriously threatens the organization’s ability to gather news.

“In stealing our identity, the FBI tarnishes [AP’s] reputation, belittles the value of the free press rights enshrined in our Constitution and endangers AP journalists and other newsgatherers around the world,” Pruitt wrote. “This deception corrodes the most fundamental tenet of a free press – our independence from government control and corollary responsibility to hold government accountable.”

Pruitt added that the 2007 violation is another case of government overreach, as was the Justice Department’s secret seizure of AP phone records, which came to light last year.

Read the AP news story.

AP ‘outraged’ by FBI impersonation

One week after it was reported that the FBI had fabricated an Associated Press story during a 2007 investigation, the bureau’s director has revealed that the agency also impersonated an AP reporter during the probe.

In a letter published today in The New York Times, James B. Comey says: “That technique was proper and appropriate under Justice Department and F.B.I. guidelines at the time.”

As reported by AP, AP Senior Vice President and Executive Editor Kathleen Carroll reacted as follows:

“This latest revelation of how the FBI misappropriated the trusted name of The Associated Press doubles our concern and outrage, expressed earlier to Attorney General Eric Holder, about how the agency’s unacceptable tactics undermine AP and the vital distinction between the government and the press.”

In an earlier letter to Attorney General Eric Holder, AP General Counsel Karen Kaiser had decried the FBI’s forging of the AP story.

AP decries FBI fabrication of news story

Responding to the news this week that the FBI had fabricated an Associated Press story during a 2007 investigation, the AP expressed serious concern to Attorney General Eric Holder.

“In carrying out this scheme, the FBI both misappropriated the trusted name of The Associated Press and created a situation where our credibility could have been undermined on a large scale,” AP General Counsel Karen Kaiser said in a letter [PDF] delivered to Holder on Thursday.

“Any attempt by the government, whatever its motives, to falsely label its own messages as coming from the news media serves to undermine the vital distinction between the government and the press in society,” Kaiser added. “Such actions also compromise our ability to gather the news safely and effectively in parts of the world where our credibility rests on the basis of AP operating freely and independently.”

Read the AP news story.

AP honored with First Amendment Award

The Radio Television Digital News Foundation (RTDNF) honored The Associated Press for defending a robust free press with its challenge to the U.S. Department of Justice for secretly seizing AP phone records.

Gary Pruitt, the President and CEO of the Associated Press, receiving the First Amendment Award for The Associated Press from RTDNF Chair Vince Duffy, during the Radio Television Digital News Association, 2014 First Amendment Awards Dinner, in Washington on Wednesday, March. 12,  2014. (AP Photo/Jose Luis Magana)

Gary Pruitt, the president and CEO of The Associated Press, receiving the First Amendment Award for AP from RTDNF Chair Vince Duffy, during the Radio Television Digital News Association, 2014 First Amendment Awards Dinner, in Washington on Wednesday, March. 12, 2014. (AP Photo/Jose Luis Magana)

AP President and CEO Gary Pruitt, a First Amendment attorney, accepted the award at a black-tie event Wednesday evening in Washington emceed by Chris Wallace of Fox News.

A video narrated by “Face the Nation” host Bob Schieffer recounted how AP’s industry leadership this past year resulted in greater protections for all journalists.

“Because of the AP-DOJ dispute the rules protecting journalists from the reach of federal prosecutors improved swiftly and substantially,” Pruitt said.

He added: “The Department of Justice made clear, for the very first time, that they will not prosecute a journalist for doing his or her job.”

Watch a video of Pruitt’s remarks and read the AP news story.

 Gary Pruitt, the President and CEO of the Associated Press, with members of the Associated Press staff during the Radio Television Digital News Association, 2014 First Amendment Awards Dinner, in Washington on Wednesday, March. 12,  2014. Posing from left to right Dave Gwizdowski, Sally Buzbee, Ivett Chicas, Sara White, Larry Price, John Turell, Pruitt, Karen Kaiser, Ted Bridis, Denise Vance and Julie Pace. ( AP Photo/Jose Luis Magana)


Gary Pruitt, the President and CEO of The Associated Press, with members of the AP staff during the Radio Television Digital News Association, 2014 First Amendment Awards Dinner, in Washington on Wednesday, March. 12, 2014. Posing from left to right Dave Gwizdowski, Sally Buzbee, Ivett Chicas, Sara White, Larry Price, John Turell, Pruitt, Karen Kaiser, Ted Bridis, Denise Vance and Julie Pace. ( AP Photo/Jose Luis Magana)

AP statement on CPJ report

The Committee to Protect Journalists issued a report today on the Obama administration and the press that references the secret seizure of AP phone records by the U.S. Department of Justice earlier this year.

Read today’s AP news story about the report, which includes the following statement from Senior Vice President and Executive Editor Kathleen Carroll:

“The report highlights the growing threats to independent journalism in the United States, a country that has for two centuries upheld press freedom as a measure of a democratic society.

“We find we must fight for those freedoms every day as the fog of secrecy descends on every level of government activity. That fight is worthwhile, as we learned when the outcry over the Justice Department’s secret seizure of AP phone records led to proposed revisions intended to protect journalists from overly broad investigative techniques. Implementation of those revisions is an important next step.”

AP statement on DOJ review of media guidelines

“The Associated Press is gratified that the Department of Justice took our concerns seriously. The description of the new guidelines released today indicates they will result in meaningful, additional protection for journalists. We’ll obviously be reviewing them more closely when the actual language of the guidelines is released, but we are heartened by this step.”

Erin Madigan White
Senior Media Relations Manager
The Associated Press

Read the AP news story.

AP CEO lays out 5 measures to ensure press freedom

AP President and CEO Gary Pruitt addresses National Press Club in Washington, June 19, 2013.

AP President and CEO Gary Pruitt addresses National Press Club in Washington, June 19, 2013.

In the wake of a secret seizure of AP journalists’ phone records by the U.S. Department of Justice last month, Associated Press President and CEO Gary Pruitt said the overbroad action is already having a chilling effect on journalism.

In a speech today at the National Press Club in Washington, Pruitt, a First Amendment lawyer by training, outlined five steps that are “imperative to give meaning to the powers spelled out” in the Constitution to safeguard press freedom:  

  • “First: We want the Department of Justice to recognize the right of the press to advance notice and a chance to be heard before its records are taken by the government. This would have given AP the chance to point out the many failings of the subpoena. We believe notice was required under existing regulations; if the DOJ sees it differently, then regulations must be strengthened to remove any doubt.
  • Second: We want judicial oversight. We need to ensure that proper checks and balances are maintained. In the AP phone records case, the Justice Department determined, on its own, that advance notice could be skipped, with no checks from any other branch of government. Denying constitutional rights by executive fiat is not how this government should work.
  • Third: We want the DOJ guidelines updated to bring them into the 21st century. The guidelines were created before the Internet era. They didn’t foresee emails or text.  The guidelines need to ensure that the protections afforded journalists from the forced disclosure of information encompass all forms of communication.
  • Fourth: We want a federal shield law enacted with teeth in it that will protect reporters from such unilateral and secret government action.
  • Fifth: We want the Department to formally institutionalize what Attorney General Holder has said: that the Justice Department will not prosecute any reporter for doing his or her job.  The Department should not criminalize — or threaten to criminalize — journalists for doing their jobs, such as by calling them co-conspirators under the Espionage Act, as they did Fox reporter James Rosen.  This needs to be part of an established directive, not only limited to the current administration.”

Read the full text of Pruitt’s prepared remarks.

Read the AP news story.