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PaperclipPerfector  11mo ago (text post)   38184 thread views

Culture War Roundup for the week of June 5, 2023

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What triggers my spidey sense is that two key pieces of evidence in the case are:

  1. An "off the record" audio clip of Trump showing a secret document to a reporter and admitting that it is still classified.

  2. Testimony from Trump's lawyer that they had to pierce attorney-client privilege to get.

Now sure, Trump was dumb to have other people in the room during the interview, so maybe the journalist got a specific subpoena to turn over the recording, but the way some journalists talk about it, you'd think "off the record" information is treated the same way The Vatican treats the seal of the confessional. Also, I'm pretty sure anyone who has a lawyer on retainer at the time they commit a white-collar crime uses the legal advice they receive "for the purpose of committing a crime." Was Hillary's lawyer forced to testify?

The law on Reporter's Privilege is inconsistent, and it's weakest when it comes to criminal investigations. Some journalists vow to fight any subpoena they receive for their secret records, but not every subpoena is going to be worth the headache and legal jeopardy.

As I understand it, if a modern journalist tells you that something you want to say is "off the record", all they mean is that they won't be visibly recording what you say, but it can well turn up in the news piece they write about you:

The common belief among many is that when a source tells a reporter something “off the record” that means the reporter cannot or should not publicly share that information. But that’s not exactly how it works. Just because a source says something is “off the record” does not mean it truly is “off the record.”

Here’s how it should work. A source should ask a reporter first if something can be off the record. Then the reporter can agree or refuse. The source then can decide whether or not they want to share that information.

If the reporter agrees to an off-the-record request, the ethical thing to do is not report or even repeat that information. Off-the-record comments are supposed to remain strictly between the source and the reporter.

...Journalism rules are on his side. He’s right. He didn’t agree to Rubin’s off-the-record request so Rubin cannot claim that Thompson broke a promise to keep her comments private.

So unless the reporter verbally agrees "yes, this is off the record", sorry, loser!

Off the record only has meaning in repeated games between participants. The New York Knicks' head coach can count on "off-the-record" requests being honored by New York sports beat reporters, because if they screw him he will stop talking to them, he will instruct his assistant coaches to stop talking to them, he will instruct his players to stop talking to them. While if they respect the request, the coach will be more likely to open up to them in the future, will use them to get stories out without his fingerprints, etc. The reporters don't refrain out of a sense of honor, merely out of a sense of self-preservation.

The same beat reporter won't respect my off the record request, because I have nothing to offer him, in reward or in retaliation.

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