Feds Seize CNN Reporter’s Data, Then Gag CNN

“On Wednesday, CNN Executive Vice President and General Counsel David Vigilante made a revelation sure to startle those unaware of the state’s vast power to not just seize information from journalists but bully their employers into silence about it under penalty of jail time.

“Since July 17, 2020,” Vigilante wrote, “I have been bound by a gag order or a sealing order that prohibited me from discussing, or even acknowledging, that the government was seeking to compel the disclosure of the professional email communications of CNN reporter Barbara Starr.”

The Justice Department under Attorney General William Barr had been requesting email header data and phone logs of Starr, a Pentagon reporter, dating from June 1 to July 31 of 2017, for reasons that are still unknown to any third parties aside from some federal judges operating a secret court. (Starr herself was not the target of the investigation, the feds confirmed to reporters.)

The Trump administration launched a crackdown in 2017 against national security-related leaks, an effort that led to the secret seizure of three Washington Post reporters’ phone records, which was revealed only last month. In doing so, former President Donald Trump’s DOJ prosecutors followed the rules and legal justifications established by their predecessors in the Obama administration, which prosecuted more leakers than every prior presidency combined, even charging Fox News White House chief James Rosen as “at the very least, either…an aider, abettor, and/or co-conspirator.””

“one of the only judges to lay eyes on the DOJ’s reasoning for harassing CNN concluded that it was based on “speculative predictions, assumptions, and scenarios unanchored in any facts.”

Commented CNN’s Vigilante: “This was the first characterization of the evidence we had seen, and it was stunning: After months of secret proceedings and heavy-handed enforcement tactics, a neutral judge said that, in large part, the emperor had no clothes.””

“As Nick Gillespie and I wrote six years ago, “From press accounts of similar actions at other news publications and social media sites, we know that it is increasingly common for the federal government to demand user information from publications and websites while also stifling their speech rights with gag orders and letters requesting ‘voluntary’ confidentiality.””

“while the increasing but still comparatively rare open clashes between the DOJ and news organizations tend to make headlines, the real data collection is happening every day, quietly, in the form of requests and subpoenas to social media companies and other third-party vendors.”

The American right’s favorite strongman

“After winning Hungary’s 2010 election, the prime minister systematically dismantled the country’s democracy — undermining the basic fairness of elections, packing the courts with cronies, and taking control of more than 90 percent of the country’s media outlets. He has openly described his form of government as “illiberal democracy,” half of which is accurate.

Since the coronavirus, Orbán’s authoritarian tendencies have only grown more pronounced. His allies in parliament passed a new law giving him the power to rule by decree and creating a new crime, “spreading a falsehood,” punishable by up to five years in prison. The Hungarian government recently seized public funding that opposing political parties depend on; through an ally, they took financial control of one of the few remaining anti-Orbán media outlets. In May, the pro-democracy group Freedom House officially announced that it no longer considered Hungary a democracy.”

“Religious conservatives find Orbán’s social policies to be a breath of fresh air. Orbán has given significant state support to Hungary’s churches, officially labeling his government a “Christian democracy.” He provided generous subsidies to families in an effort to get Hungarian women to stay at home and have more babies. He launched a legal assault on progressive social ideals, prohibiting the teaching of gender studies in Hungarian universities and banning transgender people from legally identifying as anything other than their biological sex at birth.

Conservative nationalists focus on the Hungarian approach to immigration and the European Union. During the 2015 migrant crisis, Orbán was the most prominent opponent of German Chancellor Angela Merkel’s open borders approach; he built a wall on Hungary’s southern border with Serbia to keep refugees from entering. He has repeatedly denounced the influence the EU has on its member states, describing one of his governing aims as preserving Hungary’s national character in the face of a globalist onslaught led by Brussels and philanthropist George Soros.

For Western conservatives of a religious and/or nationalist bent, Orbán is the leader they wish Donald Trump could be — smart, politically savvy, and genuinely devoted to their ideals. Hungary is, for them, the equivalent of what Nordic countries are for the American left: proof of concept that their ideas could make the United States a better place.

Yet while the Nordic countries are among the world’s freest democracies, Hungary has fallen into a form of autocracy.”

“Orbán and much of his inner circle are lawyers by training; they have used this expertise to set up a political system that looks very much like a democracy, with elections and a theoretically free press, but isn’t one. This gives intellectually sympathetic Westerners some room for self-delusion. They can examine Hungary, a country whose cultural politics they admire, and see a place that looks on the surface like a functioning democracy.”

“If these thinkers continue to insist that Hungary is just another democracy — despite copious evidence to the contrary — how can we expect them to call out the same, more embryonic process of authoritarianism happening at home? If American conservatives won’t turn on a foreign country’s leadership after it crosses the line, what reason would we have to believe that they’d be capable of doing the same thing when the stakes for them are higher and the enemies more deeply hated?”