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Reports

Wolf as Underdog

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Posted on Feb 15, 2007
Josh Wolf
AP Photo / Benjamin Sklar

Josh Wolf speaks to the press in San Francisco last September.

By Amy Goodman

Editor’s Note: Truthdig is proud to announce the addition of Amy Goodman to our lineup of regular columnists. Her work as a radio host and author has won her recognition as one of the nation’s finest hard-hitting journalists.

In her inaugural Truthdig column, Goodman investigates the outrageous imprisonment of Josh Wolf, the blogger whose devotion to freedom of the press and resistance to government coercion have kept him in jail longer than any other modern journalist.

Josh Wolf, videographer and blogger, is now the journalist imprisoned longest in U.S. history for refusing to comply with a subpoena. He has been locked up in federal prison for close to six months. In July 2005, Wolf was covering a San Francisco protest against the G-8 summit in Scotland. (G-8 stands for the Group of Eight industrialized nations: Britain, France, Russia, Germany, the U.S., Japan, Italy and Canada.) He posted video to the Web and sold some video to a local broadcast-news outlet. The authorities wanted him to turn over the original tapes and to testify. He refused.

In a recent court filing, U.S. Attorney Kevin Ryan says it’s only in Wolf’s “imagination that he is a journalist.”

The Society of Professional Journalists must be equally imaginative. Their Northern California chapter named Josh Wolf journalist of the year for 2006, and in March will give him the James Madison Freedom of Information Award. “Josh’s commitment to a free and unfettered press deserves profound respect,” SPJ National President Christine Tatum said.

The SPJ is also honoring San Francisco Chronicle reporters Mark Fainaru-Wada and Lance Williams, who faced prison for refusing to reveal who leaked grand-jury testimony about steroid use in baseball. Williams and Fainaru-Wada had remained free pending appeal [see news update]. The problem for Wolf? Independence. He lacks the backing of a large media organization that could agitate to protect his rights. As Wolf observes, there is “definitely a divergence between how the government’s handled my situation as an independent journalist and how they’ve dealt with the corporate media, which have also been found in civil contempt.”

The First Amendment states: “Congress shall make no law ... abridging the freedom ... of the press.” By forcing journalists to hand over tapes, notes and other material, and to testify, the government is making just such a law. Whistle-blowers and others in dangerous situations will no longer come forward to provide information to reporters if they think their names will be divulged. Journalists must be free to protect their sources and to report the truth if our democracy is to function.

Wolf’s lawyer, Martin Garbus, one of the nation’s leading First Amendment attorneys, says the government has done an end run around California’s shield law, which would have guaranteed Wolf protection. The authorities called on the Joint Terrorism Task Force, or JTTF, which moved the case to federal court, where no shield law exists (as reporters in the Valerie Plame case discovered).

The grand jury is investigating whether arson was attempted on a San Francisco police car, though the squad car was not damaged beyond a broken taillight. A police officer was injured after the squad car he was in was driven into the protest march (that case was investigated then dropped by the local district attorney); however, Wolf insists he was not videotaping either incident. What is clear is that by focusing on the alleged attempted arson of the car, the JTTF can assert jurisdiction because federal anti-terror dollars, the task force says, paid for part of the car. With these legalistic jurisdictional acrobatics, Wolf is stripped of California shield-law protections and remains locked up without charge until he turns over his tape and submits to the Bush administration inquisitors.

The American Civil Liberties Union has filed a brief in his support, pointing out how Joint Terrorism Task Force units across the country, under the guise of investigating “terrorism,” are targeting antiwar groups and compiling databases of law-abiding citizens critical of the Bush administration.

Wolf, 24 years old, is staying healthy in prison, reading a lot and learning from other inmates. He mails entries to be posted to his blog at joshwolf.net. Garbus expects him to remain in prison at least until the grand jury’s term expires in July.

Freedom of the press means freeing journalists to do their work. Congress can ensure that by passing a federal shield law.

Amy Goodman is the host of “Democracy Now!,” a daily international TV/radio news hour airing on 500 stations in North America.

Copyright 2007 Amy Goodman

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By Jack (the first), March 1, 2007 at 4:38 am #
(Unregistered commenter)

@ Jack (the second): they seriously believe that it is going to work, so any amount is justified. If it did it might be a different story, though the logic of “we’ll antagonize others and if you are not with us we won’t include you in our defense range and you’ll be hit” is dreadful. Yet, aside from the terrible environmental impact of building these sites--if you find the time look up some info on the Alaska one that is polluting natural preserve areas up there--they do not work. An uncle of mine worked as a high-level Air Force engineer at Vandenberg Air Base, he always said that they have no way of succeeding...and he helped construct them!!!! Way too many variables, too little precision, and incredible cost for upkeep.

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By Terry Sloth, February 28, 2007 at 4:43 pm #
(Unregistered commenter)

So why be coy, let’s just label Josh Wolf an “enemy combatant,” and incarcerate him indefinitely—-isn’t that the future for all trouble makers; we’ve become truly global and have imported China’s style of democracy.

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By Jack, February 28, 2007 at 1:08 pm #
(Unregistered commenter)

Who the hell authorized the U.S to spend more of our tax $ on antimissile launchers in Poland and Czzechoslovakia?  (Tell me I dreamed this.)

It would appear to be a ploy to restart the cold war.  All reports on the starwars antimissile boondoggle they’ve reported on makes it sound like it couldn’t hit a target anyway.

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By DJean102, February 28, 2007 at 12:32 pm #
(Unregistered commenter)

Gee Terry… let me guess… you get your news from Fox and nowhere else?  Liberal media my ___! We haven’t had any liberal media in about 20 years.  What we have is infotainment, and a deliberate campaign to dumb down America.  Try watching DemocracyNow! for a month with an open mind, not viewing the rightwingnuts on Fox who know nothing about the Constitution or are intent, like the current regime, on subverting it.

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By Eugene -, February 27, 2007 at 2:16 pm #
(Unregistered commenter)

Truthdig,

Thank you, for having Amy Goodman as your writer member. She is the real journalist we need to read and to listen. The first thing I watch daily is her program “Democracy Now”.

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By Jack, February 27, 2007 at 2:05 pm #
(Unregistered commenter)

No side is “right” by representing some sort of “truth.” Let us all remember that social and cultural scientists have worked for decades now to understand that there are no monocausal explanations for anything.
To discuss the nature of the crime, Frank and others, we would need far more information, because I doubt that a jury could just make up arson, yet a broken light to me sure is no indicator of arson whatsoever. So let us stick to what we CAN know about the case. What does it mean that this man is sitting in a jail cell, occupying the courts while hundreds of children are butchered, women raped, minorities abused, drugs sold and what not.
The saddest fact in all of this to me is that individuals HAVE to pick sides. You have to be for or against “us,” be it “Liberals” or “Conservatives,” whatever groups like to label themselves in order to run over arguments and ignore facts in favor of some left or right conspiracy, some sort of national, or even better, international “group” who proclaims that individuals belong to either side. This leads to the only conclusion possible: in order to function without getting arrested/harrassed/interrogated/abused by either side, you have to join larger groups, seize to be individual, free-thinking individuals because those groups exert too much pressure on them to speak their minds.
Though they are not my taste, I miss that feeling Rockwell’s “Freedom of Speech” gives me, the feeling of living in a democracy, where I can read up on the issues, stand up and speak my mind, receive attention and basic respect, even if I disagree with either side. THAT is what the Constitution is about, and THAT is what I feel America forgot: respect, dignity, openness, honesty...and that goes for BOTH sides of that ideological abyss in the nation.

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By Uppity Gal, February 27, 2007 at 1:27 pm #
(Unregistered commenter)

Hi. The larger point is that it is the crucial role of a free, unfettered press to present ALL points of view, in order for this experiment in democracy to function properly (at least in all it’s theoretical glory).

so- Terry in SC, your post would contribute to this discussion if you hadn’t such a need to frame it only in terms of “the OTHER”. Frankly this rhetoric, and sad political gaming of the people, is what keeps the CORPORATE special interests in charge and hoarding all power.  Heh, if they can keep the masses arguing over marriage and guns, and glazed over with a constant circus maximus beer-n-bread diet, (a la “ana nicole smith’s corpse”, et al, cult-of-personality nonsense) there is no more “[we]… THE People” collective. There is free reign to dip their dirty little fingers in every pie they want, while redirecting the public coffers into private bank accounts.

See, Terry, your basis in stating the law was sound, so why venture off in to “YOU and ALL liberals” screaming slander land? You may disagree as the previous poster (Frank?) had done, while sticking to the case law to cite.

Here’s another one to ponder- media law exists for a reason. We as a nation of laws have to continually ponder and weigh the balance of our freedoms with the interest of the collective in maintaining “order.”

However, an easy, objective review of history shows that the majority in power is oft wont to take extreme measures to maintain, and most often to grab even more, power.

We, in a democratic Republic, are the ones charged with WATCHING, PARTICIPATING and, at times, DEMANDING the system work- for all of us. not just those with the power already.

Just some food for thought…

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By Terry in Sc, February 23, 2007 at 5:54 am #
(Unregistered commenter)

Frank I commend you on your ability to wade through all the dis-illussionment of the masses, and state the only truthful blog on here—Mr. Wolf is trying to hide behind the First Amendment under the pretenses of his journalistic freedom being infringed upon. He has no such blanket security for public footage taken, and if he continues to try to overstep his freedoms, as he has done to this point, he should remain incarcerated for breaking the Nation’s law. So all you liberal constituents blindly wandering around to this mis-guided belief Mr. Wolf is wrongly accused; here’s a wake-up call............
JOSH WOLF IS BREAKING THE LAW AND (like all Democrats and LIBERALS) IS GIVING A WATERED_DOWN VERSION ON INTERPRETATION OF THE FIRST AMENDMENT.

It protects freedoms to interview in confidence...freedom to protect confidential sources.
It does not give a blanket coverage to public video taping...nor does it warrant outright disobedience; such is the case with (as Frank already pointed out) a hit-and-run incident involving the cabdriver.

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By Spinoza, February 22, 2007 at 10:17 am #
(Unregistered commenter)

When the forces of oppression come to maintain themselves in power against established law, peace is considered already broken.
—Guerilla Warfare, Che Guevara

The time for revolution is NOW!

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By Ernest Canning, February 21, 2007 at 6:22 pm #
(Unregistered commenter)

Michael Moore had it right when he described Amy Goodman as a “national treasure.” For any who have not done so, I would strongly urge that you google Democracy Now.org Monday thru Friday, if for no other reason than to learn what a real news program is supposed to look like.

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By Jean McKay, February 21, 2007 at 1:06 pm #
(Unregistered commenter)

Thanks Truthdig for Amy’s piece. I am such a fan of DN! and Amy and Juan.  I am siding with Josh Wolf, because, among other reasons, he has a right not to be a witness for a moronic witch hunt.  I’m going to go write my CongressPeople about this Federal Shield Act and I am going to go and imagine that people in our goverment are decent.  Thanks Eleanore for your fantastic post.
Jean
San Jose, CA

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By Jeanine Molloff, February 21, 2007 at 11:51 am #
(Unregistered commenter)

Josh Wolf’s refusal to cooperate with the federal prosecutors is up there with other real patriots like Franklin, Paine, and John Hancock.  Legal technicalities aside--we’re speaking about the ‘spirit of the law.’ That very spirit that permits dissenting voices to be heard without undue government coercion or retaliation.  I find it ironic that our government preaches about the blessings of a democracy to the far points of the world--while denying those same liberties to our very own people.  Politicians on both sides of the aisle--are dangerously silent on this issue.  Where is the outrage on the evil assault on our civil liberties from the likes of...Hillary, Barak, Kennedy, Gore, McCain, Guilliani, etc...Where were these self-proclaimed saviours when Patriot, Military Commissions, etc. were being introduced to scrap the bill or rights?  I am a teacher--yet I see no point in teaching the children about democracy--when they don’t live in one.

Jeanine Molloff
10116 Thorpe Ave.
St. Louis, Mo. 63114

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By Alice Wahl, February 21, 2007 at 6:23 am #
(Unregistered commenter)

What on earth is wrong with being an independent journalist, one who should be protected via the First Amendment?  The emphasis is on “independent.”

I once tried to be that within the halls of Congress.  I was denied a Press Pass because I was “independent” and in particular because my media was an online web site.  That seemed very protectionist to me.

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By Moe Hare, February 20, 2007 at 5:29 pm #
(Unregistered commenter)

“ The grand jury is investigating whether arson was attempted on a San Francisco police car, though the squad car was not damaged beyond a broken taillight. A police officer was injured after the squad car he was in was driven into the protest march (that case was investigated then dropped by the local district attorney)”

Frank, if we eliminate all the mumbo-jumbo a young man is being indefinitely incarcerated because a squad car suffered a broken
taillight—-what a total waste of taxpayers dollars.

So what is the point of this exercise in futility--the authorities called on the Joint Terrorism Task Force, or JTTF, and moved the case to federal court, where no shield law exists—-so are we testing the “illegal strength” of the JTTF to see if our civil liberties can be completely abrogated in the name on terrorism.

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By Frank, February 20, 2007 at 3:35 pm #
(Unregistered commenter)

Bob, vandalism of a cop car is also a crime, with or without fire, as is hit-and-run with a vehicle. The broken tail light is evidence that one of the two likely occured, if not something more serious such as attempted arson.  Unfortunately, it is the taxpayers that have to pay for the damage, but it should be the jackass that did the damage.  Vandalism, arson, and violence are NOT free speech.

Moe Hare, your post makes no sense in relation to what I said, even as sarcasm.  I said “It is long-established legal precedent that Protesters or other people out in public have no expectation of privacy with respect to being filmed or photograped by the media” (bold added for your benefit), meaning the press can take anyone’s picture or film them for publication in a newspaper or TV news segment, and the people that were filmed can’t stop the media from doing so, even if they are a VIP celebrity or politician. That is freedom of the press, and is the reason we still have papparazi along with legitimate in-your-face investigative journalism.

So the ‘journalist’ who filmed the protestors has no grounds to claim they were confidential informants just because they were protesting. He has no ethical or legal basis for defying a subpoena.  Sure, he could rightly withhold video of some confidential interview conducted in private, but that has nothing to do with video of a public protest.

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By Ellis, February 20, 2007 at 12:23 pm #
(Unregistered commenter)

Constitutional protections really seem to annoy the establishment. If I was Josh Wolf I’d be dead from a hunger strike by now !!! As the song goes “ This is our country. “ How disgusting !!

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By Moe Hare, February 19, 2007 at 5:33 pm #
(Unregistered commenter)

“It is long-established legal precedent that Protesters or other people out in public have no expectation of privacy”

Frank,
So let’s round-up all demonstrators, accuse them of crimes, throw them in jail, and call the U.S. a democracy.

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By Bob, February 19, 2007 at 9:33 am #
(Unregistered commenter)

Response to Comment #54340 by Frank on 2/19 at 6:55 am

You say “Arson is not free speech.” Mysteriously the government has no evidence that such a crime was committed. As the column states, “The grand jury is investigating whether arson was attempted on a San Francisco police car, though the squad car was not damaged beyond a broken taillight.” If a police investigation does not yield evidence that the car was torched, I submit that no such crime took place. If there is no crime, then Mr. Wolf can not possibly be withholding evidence.

Finally, thank you Amy Goodman, for being willing to speak the truth in an age which punishes those who do.

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By Frank, February 19, 2007 at 6:55 am #
(Unregistered commenter)

People, get your collective heads out of your arses and try mixing some common sense with your principles. It is long-established legal precedent that Protesters or other people out in public have no expectation of privacy with respect to being filmed or photograped by the media.  If there is no confidential source that he is protecting, then he is not protecting any First Amendment principle. He is withholding evidence of a crime scene and protecting someone who committed a crime which had nothing to do with journalistic freedom or free speech.  Arson is not free speech. Violence is not free speech.

This guys case is not on par with journalists imprisoned for refusing to expose condifential sources of information. This is someone who filmed a scene where a crime was committed and is refusing to provide any video footage under subpoena to the courts. That is just plain stupid given the circumstances, and I see no reason to praise this jackass.

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By gary296, February 18, 2007 at 5:03 am #
(Unregistered commenter)

Thank you for all you do Amy! You are awesome! I’ve been a big fan for a long time now. Keep up the good fight.

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By Colin, February 16, 2007 at 8:10 pm #
(Unregistered commenter)

Thank you for adding Amy Goodman’s column to Truthdig.com. I am a regular viewer/listener of “Democracy Now” and appreciate her work very much. Unlike the White House press corps, she is not afraid to ask tough questions.

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By A Khokar, February 16, 2007 at 6:14 pm #
(Unregistered commenter)

Very happy to note, that Amy Goodman has been chosen to be a writer member of Truthdig. Amy Goodman is a rare flower in bloom. She is among the people who care and strive for the just cause. With her humanity comes first. May Almighty bless her.

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By Eleanore Kjellberg, February 16, 2007 at 2:44 pm #
(Unregistered commenter)

“Judith Miller famously refused to answer special prosecutor Patrick Fitzgerald’s questions about cover-ups of alleged crimes by the Bush administration.”

Steve,
Judith Miller’s “saga” exists because we really don’t have a FREE press--we have five conglomerates that conrol MSM, and prevent any serious investigative reporting.

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By SuGee, February 16, 2007 at 12:58 pm #
(Unregistered commenter)

I’m am writing my congresspersons, both houses, and ask that they enforce the law that our Constitution provides us.

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By Steve Hammons, February 16, 2007 at 10:07 am #
(Unregistered commenter)

Issues like this regarding journalists and journalism can cut both ways.

Judith Miller famously refused to answer special prosecutor Patrick Fitzgerald’s questions about cover-ups of alleged crimes by the Bush administration.

She allegedly served as a mouthpiece for neocons and warmongers within and associated with the Bush administration.

For more on this, see:

Society of Professional Journalists’ Award to Judith Miller Helps Cover-Up?

Steve Hammons
American Chronicle
October 27, 2005

http://www.americanchronicle.com/articles/viewArticle. asp?articleID=3287

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By Eleanore Kjellberg, February 16, 2007 at 8:44 am #
(Unregistered commenter)

“In a recent court filing, U.S. Attorney Kevin Ryan says it’s only in Wolf’s imagination that he is a journalist.”

Maybe, if we close our eyes and wish really hard we can all imagine that Bush and Cheney are no longer in the White House—-that’s what we all need a good imagination; because the last six years has been a nightmare.

Let’s imagine a government that is not corrupt; let’s imagine a congress and senate really interested in serving the needs of the
working-class; let’s imagine a system where corporate lobbyists can no longer purchase politicians; lets imagine a Presidential Campaign funded by “only” public financing; let’s imagine a political system where each American is as important as a CEO; lets imagine a healthcare system where there are no self-serving HMOS and crooked pharmaceutical companies; Let’s imagine a healthcare system where everyone is covered; let’s imagine a fossil fuel free economy; let’s imagine only utilizing energy sources that helps the environment; hires American scientists and engineers, and curtails future energy wars; let’s imagine all workers being paid a decent wage, receiving good benefits and never worrying that their jobs will be outsourced; let’s imagine a country concerned with rebuilding their bridges highways, public transportation and hospitals; let’s imagine a government that truly shows leadership and rallies the public to think that self-sacrifice and public service is as honorable as profit; and let’s imagine freedom of the press, where each person can speak, write and demonstrate their political views but are NOT arrested and labeled anti-American.

LET’S ALL IMAGINE, THAT ONE DAY WE CAN ALL LIVE IN A REAL DEMOCRACY!

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By George, February 16, 2007 at 8:14 am #
(Unregistered commenter)

First, I am so happy that Amy’s column is going to be featured on truthdig.com! Second, I think that if one were to ask the average Joe his/her take on the Josh Wolf situation, they would say, “Josh who?” Not only has this incident received no big media attention, but what attention it has received has been an attempt to enfeeble Josh Wolf as a pseudo Journalist who is unpatriotic.  Aside from the immorality of this, it’s affirming the idea that the only form of credible journalism is big media.  I just wonder if Robert Novak or Michael Gordon refused to turn over a tape in a similar circumstance, would their case be moved to federal court so they could be locked up [supposedly] indefinitely.  No answer needed…

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By Missy, February 16, 2007 at 6:20 am #
(Unregistered commenter)

I’m so delighted that Amy Goodman has joined Truthdig!  I think she’s an outstanding person and supporter of great causes! There are very few people left that I feel confident about that are not part of the “puppet show” that is offered by our federal goverment today.  I can only hope that Amy doesn’t fall prey to the “Wilsonian Group” as she gains prestige and one day deceive the public as so many others before her have done. She gives me hope that might rights to know the truth and have civil liberties will be protected.

As for this article: While I knew that the Bush admn. terror programs were really a way to gain a better control over both Americans and foreign opposers of his ideology, I had no idea just how far reaching the law bending can go to infringe on our rights.  Alarming…

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By R. Palyu, February 16, 2007 at 2:01 am #
(Unregistered commenter)

More of Bushes anti-American antics exposed by Amy.

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