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.

8 ways the Obama administration is blocking information

The fight for access to public information has never been harder, Associated Press Washington Bureau Chief Sally Buzbee said recently at a joint meeting of the American Society of News Editors, the Associated Press Media Editors and the Associated Press Photo Managers. The problem extends across the entire federal government and is now trickling down to state and local governments.

AP Washington Bureau Chief Sally Buzbee (AP Photo).

AP Washington Bureau Chief Sally Buzbee (AP Photo).

Here is Buzbee’s list of eight ways the Obama administration is making it hard for journalists to find information and cover the news:

1) As the United States ramps up its fight against Islamic militants, the public can’t see any of it. News organizations can’t shoot photos or video of bombers as they take off — there are no embeds. In fact, the administration won’t even say what country the S. bombers fly from.

2) The White House once fought to get cameramen, photographers and reporters into meetings the president had with foreign leaders overseas. That access has become much rarer. Think about the message that sends other nations about how the world’s leading democracy deals with the media:  Keep them out and let them use handout photos.

3) Guantanamo: The big important 9/11 trial is finally coming up. But we aren’t allowed to see most court filings in real time — even of nonclassified material. So at hearings, we can’t follow what’s happening. We don’t know what prosecutors are asking for, or what defense attorneys are arguing.

4) Information about Guantanamo that was routinely released under President George W. Bush is now kept secret. The military won’t release the number of prisoners on hunger strike or the number of assaults on guards. Photo and video coverage is virtually nonexistent.

5) Day-to-day intimidation of sources is chilling. AP’s transportation reporter’s sources say that if they are caught talking to her, they will be fired. Even if they just give her facts, about safety, for example. Government press officials say their orders are to squelch anything controversial or that makes the administration look bad.

6) One of the media – and public’s — most important legal tools, the Freedom of Information Act, is under siege. Requests for information under FOIA have become slow and expensive. Many federal agencies simply don’t respond at all in a timely manner, forcing news organizations to sue each time to force action.

7) The administration uses FOIAs as a tip service to uncover what news organizations are pursuing. Requests are now routinely forwarded to political appointees. At the agency that oversees the new health care law, for example, political appointees now handle the FOIA requests.

8) The administration is trying to control the information that state and local officials can give out. The FBI has directed local police not to disclose details about surveillance technology the police departments use to sweep up cellphone data. In some cases, federal officials have formally intervened in state open records cases, arguing for secrecy.

AP top editor urges journalists to renew fight for access

AP Senior Vice President and Executive Editor Kathleen Carroll addresses a gathering of the Reporters Committee for Freedom of the Press, Monday, May 19, in New York. (Photo by ©PATRICKMCMULLAN.COM)

AP Senior Vice President and Executive Editor Kathleen Carroll addresses a gathering of the Reporters Committee for Freedom of the Press, Monday, May 19, in New York. (Photo by ©PATRICKMCMULLAN.COM)

Kathleen Carroll, senior vice president and executive editor of The Associated Press, called on fellow journalists to remain vigilant in pressing government and institutions for access to public information during an address to the Reporters Committee for Freedom of the Press on Monday in New York.

The event honored top journalists and executives from The New York Times, The Miami Herald, WETA and BakerHostetler for their efforts to defend the First Amendment and the public’s right to know.

“The fights we wage here are administrative parlor games compared to what happens in the many countries where officials intimidate, jail, torture and murder journalists without fear of consequence,” Carroll said. “Those brave colleagues — and they are your colleagues — are fighting for even a sliver of the freedoms that journalists in the United States were handed at the nation’s birth. We have no right to squander those freedoms.”

Carroll urged fellow journalists to deepen their commitment to the fight for access and laid out  practical steps for newsrooms:

  • Make sure that everyone in your newsroom understands the open meetings and records laws in place for all the entities they cover and, more important, they are using them robustly every single day. Don’t segregate that knowledge to “the FOIA person.” Make it a core skill for every editor talking with field journalists.
  • Set aside competitive issues when there’s a fight for access. We can and do succeed when we join the fight together. And don’t lose sight of the real goal, which is open access, not whose turn it is to run the media coalition meeting.
  • And, if you have connections to journalism schools insist that the students know their rights and — this is really important — that they have spent extensive time actually exercising those rights. A semester with a hardback media law book isn’t nearly enough.

Read the full text of Carroll’s remarks.

Pruitt: ‘Journalists today are targeted’

Three days after the killing of an Associated Press photojournalist and the wounding of an AP correspondent in Afghanistan, AP President and CEO Gary Pruitt today decried attacks against journalists in remarks delivered at a press conference in New York:Gary Pruitt

A free press is the backbone of any country that calls itself a democracy. And yet around the world those whose mission it is to shine a light on power are increasingly under attack. Once regarded as the impartial eyes and ears of the world, journalists today are targeted in an attempt to influence and control the news.

Sometimes they are literally prevented from gathering news – deported, detained or even imprisoned. Other times, government officials and courts work in secrecy to block access to information that the public has a right – and need – to know. And, tragically, sometimes journalists are intentionally murdered in an effort to prevent news from being reported or to intimidate others who passionately believe in the mission of journalism.

As many of you surely know, AP suffered a tragic loss last Friday when photographer Anja Niedringhaus was targeted and killed while covering the run-up to the elections in Afghanistan. AP, and her legion of fans around the world, are mourning her loss. Kathy Gannon, her AP colleague, was seriously wounded.

Anja’s death, the detention of journalists worldwide and the growing secrecy of governments nearly everywhere make our responsibility to bear witness to history more challenging and more dangerous than ever. But also more important. AP abhors the trend of targeting journalists and will always champion the right for all journalists to work without fear in bringing vital information to light for all the world.

The press conference, involving Pruitt and leaders of other news organizations, preceded an evening symposium at Columbia University’s Graduate School of Journalism — co-hosted by the Dart CenterColumbia Global Centers / Middle East and the Columbia Global Freedom of Expression and Information Project – focused on the imprisonment of four Al Jazeera journalists in Egypt.

Peter Greste, Mohammed Fahmy and Baher Mohamed today marked their 100th day behind bars. Abdullah Al Shamy has been held more than six months. They are among 20 defendants being tried on charges of belonging to and aiding a terrorist organization for their coverage of the Muslim Brotherhood. They have pleaded not guilty.

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 calls for greater White House access in New York Times op-ed

UPDATED: Dec. 11, 2013

Santiago Lyon, AP vice president and director of photography, wrote this opinion piece published in The New York Times: Obama’s Orwellian Image Control.
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Nov. 21, 2013

The Associated Press today reiterated its call for greater access to President Barack Obama for photographers who cover the White House.

“Journalists are routinely being denied the right to photograph or videotape the President while he is performing his official duties,” said a letter delivered today to White House Press Secretary Jay Carney that was signed by AP and many other news organizations. “As surely as if they were placing a hand over a journalist’s camera lens, officials in this administration are blocking the public from having an independent view of important functions of the Executive Branch of government.”

The letter echoed concerns raised by AP since President Obama’s first days in office in 2009.

AP Vice President and Director of Photography Santiago Lyon underscored key points in the dispute:

AP Vice President and Director of Photography Santiago Lyon

AP Vice President and Director of Photography Santiago Lyon

What is The AP seeking?
The AP and other media organizations are seeking more regular photo access to the President in the Oval Office and elsewhere as he performs official duties or meets with staff. While photographers are granted some access to Oval Office meetings and other activities, it has decreased markedly under the Obama administration when compared to previous presidents. We believe we should have access to a wider selection of presidential events where we know access to be possible.

Don’t we already see photos of these occasions?
A small group of photographers and a videographer, collectively known as the “travel pool,” enjoys some access to the Oval Office and other presidential activities but increasingly the Obama administration labels events as “private” before then releasing official photos shot by White House photographers such as Pete Souza.

These images are posted on the White House Flickr page – http://www.flickr.com/photos/whitehouse – where they are available for free.

This July 1, 2013, screen grab from the Twitter Page of the official White House photographer, Pete Souza, shows a tweet featuring an image of President Barack Obama and his family listening to a tour guide inside Nelson Mandela's cell on Robben Island on June 30, 2013, in Cape Town, South Africa. The White House barred press photographers from this portion of the tour saying it was private, but then released their own photos of from Mandela's cell. (AP Photo/The White House)

This July 1, 2013, screen grab from the Twitter Page of the official White House photographer, Pete Souza, shows a tweet featuring an image of President Barack Obama and his family listening to a tour guide inside Nelson Mandela’s cell on Robben Island on June 30, 2013, in Cape Town, South Africa. The White House barred press photographers from this portion of the tour saying it was private, but then released their own photos of from Mandela’s cell. (AP Photo/The White House)

The photos on that page are visual press releases and are carefully vetted by administration employees before distribution. Such images are increasingly offered to the media by the White House in lieu of real journalistic access and we and other media organizations find this unacceptable. Media organizations generally do not reproduce written press releases verbatim, so why should we settle for these official images?

What sort of situations have the media been excluded from?
The media were prevented from documenting the President’s first day on the job – surely an historic occasion. In addition, we have been denied access to legislation being signed as well as notable foreign leaders and other visitors of interest, such as the Pakistani student activist Malala Yousafzai. In fact, since 2010 we have only been granted access to the President alone in the Oval Office on two occasions, once in 2009 and again in 2010. We have never been granted access to the President at work in the Oval Office accompanied by his staff. Previous administration regularly granted such access.

And AP isn’t the only news organization with this complaint?
The AP joined with numerous other news organizations, including all the major television networks, as well as media umbrella organizations such as APME, ASNE and the White House Correspondents’ Association to protest this diminished access in a letter to White House Press Secretary Jay Carney. In that letter we also requested a meeting with Mr. Carney to discuss the issue.

Hasn’t the AP used White House photos in the past?
We recognize that certain areas of the White House are off-limits to the media because they are secure or private areas, such as the President’s living quarters. On those occasions where something newsworthy or notable happens in these areas we sometimes distribute the official photos. Each such scenario is considered on a case-by-case basis. To be clear – we are asking to be allowed consistent, independent access into the room when the President signs legislation, greets visitors of note, or otherwise discharges his public duties.

Read a PDF of the letter to Carney.

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.”