Here is the latest on the Plame game. Courtesy of the Washington Post:
A federal grand jury has questioned one current and one former aide to President Bush, and investigators have interviewed six others in an effort to discover who revealed the name of an undercover CIA officer to a newspaper columnist, sources involved in the case said yesterday.
. . . .
Several sources involved in the leak case said the questioning suggests prosecutors are preparing to seek testimony from Novak and perhaps other journalists. “There’s a very good likelihood they’re going to litigate against journalists,” one source said.
It is a real investigation, and it is continuing. Moreover, the fact that a grand jury has been impaneled indicates that the decision to prosecute will mostly be in the hands of our fellow citizens — not the Justice Department or the prosecutors assigned to the case. (Of course, the Grand Jury will only see and hear the evidence that the prosecutors can muster.)*
I’ll admit to mixed feelings at this point. On one hand, nothing annoys me more than self-identified superpatriots — except for, I suppose, self-identified superpatriots who expose CIA agents for political gain. On the other hand, however, the suggestion that the prosecution may start “litigat[ing] against journalists” sends shivers down my spin. Though I occasionally find Bob Novak a bit creepy (it’s the eyebrows), I hardly want him subpoenaed and possibly thrown in jail for protecting a source.
Indeed, protecting confidential journalistic sources isn’t just yippity-do-dah liberal crap; it’s vital to the newsgathering process. Sure, it gets abused. Everything that happens in secret eventually does. (Lesson applicable to the Guantanamo detainees, I note.) Without confidential sources, however, more than a few important stories would never have seen the light of day.
So: continue the investigation. (And when do we get to the Vice President’s office?) But don’t subpoena Bob. The exposure of a semi-retired CIA agent (who, it turns out, is a bit of a publicity hound once freed from the shackles of secrecy) isn’t worth it. If we went subpoena-happy every time confidential information got leaked (and that’s the rule you’d be endorsing by subpoenaing Novak, if consisistency matters to you), Washington journalists would spend all their time in court.
The ends, I’m told, don’t always justify the means.