Throwing a chill into the press … The administration’s latest tactic.

The Justice Department’s monitoring of the AP’s phone records is one of the most bone headed moves of this administration.  And to announce it on the heels of two major scandals seems to defy logic.  But does it?

The only thing standing in the way of a torrent of whistle blowers, purloined emails and first hand testimony has been the pliant and fawning media.  They have ignored blatant falsehoods, obvious phony cover stories and have not followed through on potentially explosive stories such as Fast and Furious.  With few exceptions, the established media has been an effective shield protecting those senior level officials who are the motivating forces in this thuggish and deceitful administration.  But with the Benghazi hearings and the disclosure of the IRS targeting conservative political groups, that protective wall is crumbling.  At recent press conferences, Jay Carney has been pummeled.  And the President knows he will come under fire in the IRS scandal.

So how do you stop the potential Woodward and Bernsteins?  

In every administration there are disaffected people.  Some are elbowed out, some tire of the job and some leave because of philosophical differences.  Obama’s entire original White House financial team has left.  There are 4 flag level military of former military, who were either relieved of command or forced out shortly after Benghazi.  There are lower level folks who through gossip or otherwise, know where bodies lie. 

So the administration must throw a chill into potential sources, which is precisely what the Justice Department is trying to do.  It is sending a message, Chicago style, saying we will know who you are and you will pay for it.

Matt Drudge, remembering how Deep Throat passed messages, tweeted:

Warning to reporters and sources: Assume all your communications are being monitored. Time to move back to the parking garage #longhotsummer

Journalists and sources:  Actually that may not work.  If you have your cell phone with you, even turned off, you can be tracked.  The best way is the US mail, either to you or a nearby trusted friend.  Phone records require only a subpoena, intercepting mail requires probable cause and a court order.

 

Why did Judge Smith lecture Obama? Because he simply ignored a court order the judge had approved.

Most lawyers trying a case abide by the maxim: Don’t piss off the judge. 

President Obama disregarded that when he lectured the Supreme Court not to overturn the health care law.  Indirectly the President was challenging the entire judiciary and it struck a raw nerve with Judge Jerry Smith, of the 5^th Circuit Appeals Court.  Judge Smith had, less than two years earlier, rejected, in a 2 to 1 decision, the Interior Department request to stay a lower court order lifting the offshore drilling moratorium (Hornbeck Offshore Services LLC v. Salazar) – thus requiring the moratorium lifted. 

In one of the most blatant examples thumbing its nose at the courts, the administration simply ignored that order.  After the administration’s appeal was rejected, they rescinded the original moratorium order (ostensibly complying with the court), but almost immediately after, replaced it with another essentially identical order, affecting precisely the same rigs in the first order.  When the second moratorium was lifted in October, still no drilling permits had been issued.

The original judge of the 5^th Circuit, Martin Feldman landed on the administration three and a half months later.  He issued a contempt citation against Secretary of the Interior, Ken Salazar citing a “determined disregard” of his order.  And he added to the insult by requiring Interior to pay Hornbeck’s legal fees.

Today Attorney General Eric Holder sent his single spaced, three page answer to Judge Smith on the Supreme Court’s ability to overturn legislation it has judged unconstitutional.  We don’t know what it said, but it should have included:

Don’t piss off the judge

Don’t piss off the judge
Don’t piss off the judge…