What Gives the Press the Right to Investigate?

It seems that the only constitutional Amendment the President is interested in is the Second. He certainly isn't much concerned by the Fourth Amendment, as we know from his domestic wiretapping and phone records collection activities.

Apparently he doesn't care much for the First either, at least not any protections for the Press.

"The FBI acknowledged late Monday that it is increasingly seeking reporters' phone records in leak investigations.

"'It used to be very hard and complicated to do this, but it no longer is in the Bush administration,' said a senior federal official."

The USA PATRIOT Act includes a new provision which allows federal agents to seek information with what are called National Security Letters (NSL). This is a type of subpoena that orders records be turned over to the investigative agency. This subpoena need not be signed by a judge. As you can imagine, the FBI has been making extensive use of this provision.

Let's be clear on this: the FBI admits to monitoring reporters' phone calls.

Further, "under the law, a phone company receiving a NSL for phone records must provide them and may not divulge to the customer that the records have been given to the government."

Respecting the Constitution will not lead to the destruction of this country by terrorism (or the press).

For our form of government to operate effectively it need not constantly operate at, and often beyong, the limits of the Constitution.