As is typical these days, we are in the midst of some glaring hypocritical delusion in the press. This is entirely expected, as the cheerleading for one side is apparent, and the wholesale opposition to Donald Trump is obvious. But this has led to a massive blind spot that cannot be unseen; in the desire to demonize The Donald, the press has to ignore the dangerous steps taken by this Biden administration towards freedom of expression.

The hysterical promises of what a return of Trump to D.C. would bring are widespread, and at MSNBC, they have a surplus of these dystopian conspiracies. On the last Lie-Able Sources podcast, I covered how Rachel Maddow was promising that a new Trump term would mean he would use it to dodge charges, and because of presidential immunity, he would never leave office, with SCOTUS approving his ruling in perpetuity. But hers is not the lone crackpot theorizing to be seen from the MSNBC Fever-Dream Team.

Historian Michael Beschloss can always be depended on to deliver an unhinged rant about the promised horrors that await a Trump rule. Joe Scarborough is also reliable for quotidian intonations on promised horrors — such as Trump rounding up opponents and then executing them. (This is something of a running theme with Scar-Joe.) But what is telling is that while all these concerns about theorized nightmare scenarios are loudly displayed, there is notable silence regarding current, actual hostilities towards the press – from current President, Joe Biden.

Let us just begin with a notable court case from last year. Following the release of the Twitter Files, which exposed how much the White House had been directing that platform on shutting down free expression on the site, a judge ruled the administration had to suspend contact with social media companies. This was a galling display of a president censoring the public, and the press could hardly be bothered to cover this reality. Some even complained the ruling limited Biden’s free speech!

Two legal cases involving the media have developed this week which highlight these very issues from the Biden camp. Reporter Catherine Herridge has been in the news recently over her layoff from CBS News, but she also has a lingering issue with the courts. In a long-simmering court case of a naturalized Chinese citizen, Yanping Chen, regarding her company’s work with the US military and her possible ties with the Chi-Com government, Herridge has been brought up on contempt charges. 

The FBI began looking into Chen back in 2010, and then Herridge, after the investigation concluded, helped file reports, while a Fox News reporter, showing Chen was formerly a member of the Chinese People’s Liberation Army. Chen has since sued the FBI to get to the bottom of who may have leaked this information to Herridge, invoking The Privacy Act as cause. In the course of the trial, Herridge has been directed to turn over the name(s) of her source(s), but the reporter has long held firm on her protections to not reveal confidential sources. 

After extensive discovery and several opinions by this Court, Chen has been unable to identify the source of the alleged leak. She thus issued subpoenas to Herridge and Fox, seeking to compel them to reveal their confidential source or sources. Asserting the First Amendment’s qualified privilege for journalists, and urging the Court to adopt a federal common law newsgathering privilege, Herridge and Fox moved to quash the subpoenas.

After hearing the arguments from the two sides on this matter, District Judge Christopher Cooper rendered his decision last August.

The Court recognizes both the vital importance of a free press and the critical role that confidential sources play in the work of investigative journalists like Herridge. But applying the binding case law of this Circuit, the Court concludes that Chen’s need for the requested evidence overcomes Herridge’s qualified First Amendment privilege in this case.

On Thursday Judge Cooper ruled that Herridge was in civil contempt and would be facing fines of $800 for every day she does not disclose her sourcing to the court. Those fines are held back from being imposed for 30 days to allow Herridge time for appeal. Fox News has backed Herridge completely, and despite Chen’s team attempting to block the option, Fox can cover the fines levied on Herridge.

In his ruling, Judge Cooper made a telling comment about potential protections for journalists, citing “a new federal common law newsgathering privilege.” This is most likely a reference to a piece of legislation in Congress, the Act to Protect Reporters from Excessive State Spying, or the PRESS Act. Among the protections afforded to reporters in this bill, it broadens the ability of a reporter to avoid punishment for not disclosing a confidential source. The PRESS Act passed the House unanimously, but passage in the Senate has met opposition, primarily from Senator Tom Cotton, who blocked a prior version of this bill. While almost all states have these protections in place, those laws do not apply to cases involving federal agencies, which the PRESS Act would cover and codify.

While this is not a direct sign of press hostility from Biden, it is notable that few in the media have taken up the loud opposition to a journalist coming under fire in this fashion. Herridge has been willing to report on issues that cast Biden in a negative fashion — something speculated as being behind CBS News choosing to release her this month. Another possible reason is how this case reflects on the administration, given that Judge Cooper is an Obama appointee (Obama was noted for fighting against leaks), as well as Herridge’s lawyer, Patrick Philbin, hailing from the Trump administration.

There is a notable lack of concern or lecturing from you on this development.
Where is the usual intonation of these being threats to the sanctity of the press??? https://t.co/zAQuIDtbNi pic.twitter.com/n4QQ0gy8xI

— Brad Slager: Flips On The Highbeams In Fog Of War (@MartiniShark) March 1, 2024

However, there is another sign of direct hostility from Biden’s Department of Justice. Reporter Steve Baker from The Blaze has been arrested by the FBI/DOJ. It is said that this stems from his reporting on-site at the Capitol on January 6, 2021. Baker and his legal team received notice a couple of times from authorities over the past few months of impending charges, and this week, he was instructed to turn himself in to FBI agents.

The revealing/disturbing parts of this concern the charges. He has been told these will only be misdemeanors, yet he is compelled to arrive at an agency office, where he will be transported to a courthouse and only then meet with his lawyers. The need for a “perp walk” for this level of charge is not clear. Also unclear; his legal team had not been briefed on what the exact charges would be. Baker was at CPAC when he received notice that he was to appear on Friday morning.

🚨BREAKING🧵- This time, it’s really happening.

Unlike the two previous threats my attorneys received from @FBI / @thejusticedept (Nov. 21 and Dec. 23), my self-surrender for alleged J6 crimes is set for this Friday morning in Dallas, TX. There is now a signed arrest warrant.⬇️

— Steve Baker - TPC (@TPC4USA) February 28, 2024

It has been clear that the DOJ has been selective in its application of charges towards any journalists who were on site at the Capitol on January 6. Baker went through the opened doors after much of the melee subsided, recording mostly on the aftereffects. Contrast this with Luke Mogelson, from The New Yorker, who shot footage inside during the riot. He was in the mob directly outside and then stormed in through a window with other rioters and was in the throng as they forced their way into the Senate chambers. 

Mogelson, despite being shoulder-to-shoulder with the offenders on that day, faces no criminal charges.

Misdemeanor charges are usually filed at a simple courthouse appearance. There was no need for the authorities to have Baker turn himself in and then be degraded with a handcuffed performance. But for Baker, this display appears to have been required.

Blaze Media Investigative Journalist @TPC4USA has now been taken into FBI custody for his J6 reporting

Watch: pic.twitter.com/OF9WVh26ER

— TheBlaze (@theblaze) March 1, 2024

The press falling mute on these cases of journalists being targeted is revealing. The normal braying journalists love to display when they perceive their industry is coming under attack from authorities is absent. Is it because these two journalists have been willing to report critically on the president? Is it due to the right-of-center nature of their outlets? Or is this silence a result of concern that speaking up would shine a light on the less-than-affectionate approach President Biden has shown to the press? Likely, a combination of those is in play.

It is inescapable to see the contrast from the media in all of this. While they are mewling over what Donald Trump might enact if he were to regain the White House, there is the need to ignore that Joe Biden is enforcing these very actions today. It is a stark dichotomy in both the coverage and the outrage.