Comment by belorn
6 hours ago
This is not a comment about if journalists homes should be more sacred than other people. Some countries do give journalists extra legal protection against this, but I do not know US law in this regard.
To my understanding, a US search warrant authorize law enforcement officers to search a particular location and seize specific items. The requirements are:
1# filled in good faith by a law enforcement officer 2# Have probable cause to search 3# issued by a neutral and detached magistrate 4# the warrant must state specifically the place to be searched and the items to be seized.
There is nothing about the owner of the location. It can be a car, a parking lot, a home, a work place, a container, a safe, a deposit box in a bank, and so on.
The significant question here is about probable cause. Why were those items interesting for the FBI to collect? Are they looking to secure evidence against the leaker, and if so, what was the specifics of the search warrant? The article states: "The statement gave no further details of the raid or investigation".
Probable cause should not be about preventing journalists access to documents they already got, as that would be like going after Barton Gellman.
Most likely securing information/evidence about the leaker, who likely did break the law or connected to someone who did... the first party leaking classified materials broke the law, while other intermediaries may not have. In an investigative process, this isn't at all inappropriate... Journalists aren't sacrosanct, though policies may have varied as to the level investigations will go.
> Some countries do give journalists extra legal protection against this, but I do not know US law in this regard.
Something worth noting at least for pedantic purposes, since practice is quite different; technically speaking every person has the same rights and laws to follow as a journalist. Fundamentally, there are really no differences between a journalist and a regular person engaging in the same activities.
It's an indication of the unique system architecture that differentiates the USA from all other societies on the planet.
It has been attacked, infiltrated, poison pilled, and really rather devastated in especially the last 100 years, but it is still standing, for better or worse, whether it can be restored or it just needs to die in order to give others a chance to rebuild something improved on the core characteristics of the Constitution.
#1 and #3 are the problems it works out to a trust us bro situation.