Ace Up Its Sleeve

Ace Up Its Sleeve

Note to Alberto Gonzales: there is a reason it’s the FIRST Amendment. Nevertheless, on Sunday the attorney general played the ever-reliable ace up the administration’s sleeve to throw even freedom of the press into question.

Gonzales stated on ABC’s This Week, “… it can’t be that that right trumps over the right that Americans would like to see, the ability of the federal government to go after criminal activity.”

When in doubt, scare the bejeezus out of the American people.

Copy Link
Facebook
X (Twitter)
Bluesky
Pocket
Email

Note to Alberto Gonzales: there is a reason it’s the FIRST Amendment. Nevertheless, on Sunday the attorney general played the ever-reliable ace up the administration’s sleeve to throw even freedom of the press into question.

Gonzales stated on ABC’s This Week, “… it can’t be that that right trumps over the right that Americans would like to see, the ability of the federal government to go after criminal activity.”

When in doubt, scare the bejeezus out of the American people.

The only way to beat the bad guys is to [fill in the blank]… torture… engage in domestic spying… use black sites… and now, perhaps, prosecute journalists who uncover the truth about the Bush administration’s programs that are laying waste to our constitutional rights and freedoms. By this logic, what can’t the executive branch do?

Gonzales commented on going after reporters who publish leaked classified information, “There are some statutes on the books which, if you read the language carefully, would seem to indicate that that is a possibility…. We have an obligation to enforce those laws.”

Seems the entire administration was taught to read by George Bush.

The statute Gonzales obliquely alludes to is the 1917 Espionage Act. James Goodale, one of the leading First Amendment lawyers in the nation, writes that in order to indict journalists under this law, “[It] would require activating a relic from the Espionage Act…. The law is meant to prevent the publication of how the U.S. breaks codes…. It is so broad, in fact, it is probably unconstitutional. For this reason and others, the NSA or CIA has never used it against the press.”

But the Bush Administration has other ideas, as Nation columnist Eric Alterman recently pointed out: “As its poll numbers fall, the Bush Administration is ratcheting up its war against the media to hide its massive failure to defend the nation’s security and uphold the laws of its Constitution.” An added absurdity is that, “… Administration officials decide which classified information they, personally, are entitled to leak and which information they can try to suppress, even to the point of threatening jail.”

So, when the administration wants to leak the name of a covert CIA operative to the press, that’s fine and dandy. And if it wants to prosecute reporters who are exposing dangerous abuses of power– nothing troubling about that either.

The bottom line is this: to the Bush administration, our rights and freedoms are a matter of convenience subject to their review. And they simply don’t want the press meddling in their affairs. But if we are to preserve our rights and liberties, then meddle we must.

Disobey authoritarians, support The Nation

Over the past year you’ve read Nation writers like Elie Mystal, Kaveh Akbar, John Nichols, Joan Walsh, Bryce Covert, Dave Zirin, Jeet Heer, Michael T. Klare, Katha Pollitt, Amy Littlefield, Gregg Gonsalves, and Sasha Abramsky take on the Trump family’s corruption, set the record straight about Robert F. Kennedy Jr.’s catastrophic Make America Healthy Again movement, survey the fallout and human cost of the DOGE wrecking ball, anticipate the Supreme Court’s dangerous antidemocratic rulings, and amplify successful tactics of resistance on the streets and in Congress.

We publish these stories because when members of our communities are being abducted, household debt is climbing, and AI data centers are causing water and electricity shortages, we have a duty as journalists to do all we can to inform the public.

In 2026, our aim is to do more than ever before—but we need your support to make that happen. 

Through December 31, a generous donor will match all donations up to $75,000. That means that your contribution will be doubled, dollar for dollar. If we hit the full match, we’ll be starting 2026 with $150,000 to invest in the stories that impact real people’s lives—the kinds of stories that billionaire-owned, corporate-backed outlets aren’t covering. 

With your support, our team will publish major stories that the president and his allies won’t want you to read. We’ll cover the emerging military-tech industrial complex and matters of war, peace, and surveillance, as well as the affordability crisis, hunger, housing, healthcare, the environment, attacks on reproductive rights, and much more. At the same time, we’ll imagine alternatives to Trumpian rule and uplift efforts to create a better world, here and now. 

While your gift has twice the impact, I’m asking you to support The Nation with a donation today. You’ll empower the journalists, editors, and fact-checkers best equipped to hold this authoritarian administration to account. 

I hope you won’t miss this moment—donate to The Nation today.

Onward,

Katrina vanden Heuvel 

Editor and publisher, The Nation

Ad Policy
x