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Trump’s demand to jail Supreme Court leak reporter condemned as ‘appalling’ by press freedom advocate

‘Saying this can have a chilling effect’

Andrew Buncombe
Seattle
Friday 20 January 2023 14:56 EST
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Donald Trump’s demand to jail a reporter who broke the story of a leaked Supreme Court draft has been denounced as “appalling” by a leading press freedom activist.

The top court has said that an eight-month investigation to try and identify who had leaked the draft of decision to overturn Roe v Wade had been unable to uncover the source of the leak.

The leaked draft, and its shuddering implications for the country, were published in May by Politico.

Shortly after its publication, Chief Justice John Roberts confirmed the authenticity of the draft and announced an investigation to try and uncover the leaker.

Last year, ahead of the midterm elections, Mr Trump told a rally the only way to find the leaker would be to send them to jail, where they could be the victim of sexual assault.

On Thursday, Mr Trump doubled down on his suggestion, and claimed the reporters had to be jailed until they revealed the source, whom he termed a “slime”.

“They’ll never find out, & it’s important that they do. So, go to the reporter & ask him/her who it was. If not given the answer, put whoever in jail until the answer is given. You might add the publisher and editor to the list,” he wrote on Truth Social.

He later added: “It won’t take long before the name of this slime is revealed.”

The former president’s comments were condemned by many, including defenders of press freedom.

“Trump’s statement isn’t exactly surprising, given he’s been saying similar things on the campaign trail, but it is appalling,” Trevor Timm, Executive Director of the Freedom of the Press Foundation, told The Independent.

“No president should be allowed to threaten reporters with jail in order to reveal their sources.”

The White House criticised Mr Trump on Friday, issuing a statement saying that “the freedom of the press is part of the bedrock of American democracy. Calling for egregious abuses of power in order to suppress the Constitutional rights of reporters is an insult to the rule of law and undermines fundamental American values and traditions”.

“Instead, it’s the responsibility of all leaders to protect First Amendment rights. These views are not who we are as a country, and they are what we stand against in the world,” the White House added.

Trump attacks media again 'Fake News'

Mr Trump long had a controversial relationship with the media, loving the attention he receives, while denouncing its work as “fake news” when it suits his purposes.

Under US law, journalists cannot be arrested for publishing a leaked Supreme Court opinion, and they cannot be jailed to force them to reveal sources except in extremely limited circumstances.

During his presidency, he was condemned by groups such as Amnesty International, which criticised what it claimed was an attack on human rights that set a bad global example.

A bill that was introduced to the last House of Representatives, known as the PRESS Act, would have added another layer of protection, and establish a “strong shield law protecting journalists from surveillance or compelled disclosure of source materials except in emergency situations”. It did not get through the Senate.

Mr Timms and his organisation were among the bill’s backers, saying it would do “more to protect press freedom than any bill in modern history”.

After Mr Trump’s comment on Thursday, he said: “Even a former president, or someone running for the position, saying this can have a chilling effect.”

White House spokesperson Andrew Bates told Politico: “The freedom of the press is part of the bedrock of American democracy.”

He added: “Calling for egregious abuses of power in order to suppress the Constitutional rights of reporters is an insult to the rule of law and undermines fundamental American values and traditions.”

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