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Legal News

: Lawbeat

Note to Sy Hersh: Get a listed number

By Mark Obbie

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One of the juicier journalism tidbits in Michael Isikoff's Newsweek cover story -- profiling the former Justice Department lawyer who says he was The New York Times' whistleblower source for the infamous National Security Agency wiretapping story in 2005 -- shows how fate can be so random. The self-proclaimed source, Thomas Tamm, tells Isikoff that when he was anguishing over whether to leak the program's existence to the press, he thought of The New Yorker's veteran investigative reporter, well known for his reporting on intelligence escapades and the Abu Ghraib scandal:
Tamm says he initially considered contacting Seymour Hersh, the investigative reporter for The New Yorker, but didn't know where to reach him. He'd also noticed some strong stories by Eric Lichtblau, the New York Times reporter who covered the Justice Department—and with a few Google searches tracked down his phone number.
Doh! That's one of the few light moments in an otherwise grim story of a criminal suspect's ruinous -- and ongoing -- clash with his superiors over policy, secrets, and loyalty. Isikoff's lengthy story -- packaged with a shorter piece by Daniel Klaidman touting new revelations about the DOJ revolt over secret surveillance -- includes on the record revelations by the former chief judge of the Foreign Intelligence Surveillance Act court, Royce Lamberth, and an extensive narrative about Tamm's journey from good soldier to rebel to tortured suspect. Isikoff quotes Eric Lichtblau, the recipient of the reported leak, as predictably demurring when asked if Tamm is his source. The other Times reporter, James Risen, refused to comment, Isikoff writes. In light of that, is the story solid? I would imagine -- or hope -- that Isikoff and his editors sought corroboration that isn't necessarily reflected in the story before taking Tamm's word for everything, considering that he admits his lawyers urged him to stay quiet; that he suffered from depression and left the DOJ under an unrelated cloud; and that he harbors partisan bitterness toward the Bush administration. It's a good read, but like all cloak-and-dagger journalism, a bit opaque.

Full post as published by Lawbeat on December 14, 2008 (boomark / email).

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