European Stars And Stripes (Newspaper) - April 9, 1988, Darmstadt, Hesse                                Page 1d the stars and stripes George f. Will it s time voters had real Choice for president Clark Clifford the Washington operator is i and is considered a democratic Wise Man he recently emerge from breakfast with Jesse Jackson the populist and foreign policy ambulance Chaser to Sav of him what he is doing is bringing a new maturity to the Ameri can political  Twenty Yean ago Clifford was Secre tary of defense i arc is Jackion on de sense policy Don t nobody want Nomad Ectman missile for Christmas. They Don t want no Star wars for  Jackson who has lost most of the Pri Maries and caucuses he has entered achieved critical political mass by win Ning Michigan. He received the support of approximately 2 percent of Michigan s eligible voters a disproportionate share of his White Vole came from what has been called " he graduate student proletariat in Campus communities such As Ann Arbor and Easl Lansing. The Media Are currently awash with if los retrospective stones remembrances of student revolutions past. The Sandbox revolutions thai raised Cain with Deans offices. For some people nothing since then has been quite As funds 1968. Jackson is the on More fling candidate for inc i96s student proletariat that has gone on through graduate school and achieved tenure. Jackson docs much worse than Many More serious Black poll icons have done in attracting while voters. For example Tom Bradley has won four terms As mayor of los Angeles which is just 17 Percy no Black. Twice he has come closet being elected governor of California a stale just 7 percent Black. Now comes the new York Pri Mary. Michael Dukakis wants 10 face Jackson on on one in a iwo Man race treating Albert Gore As a nullity and Hon ing that moderate democrats will grit their Teeth and support a my governile Dukakis Over a third world Radical. Jackson should pick a fight with Core to make More of Core than Core so far has done. Jul when Gore had the temerity to criticize Jackson s foreign policy extremism Jackson treated the criticism As an act of Icse majesty Jackson s Anthony Lewis re populism has a monarchical cast and cancelled a meeting with Core. Dukakis with Jackson s help has amply demonstrated his inability to Kin cite real enthusiasm almost anywhere and least of All among the Core demo cratic constituency that Reagan wooed successfully Blue Collar voters. Now Jackson can become a Blessing to the democratic party by paradoxically winning some More primaries so that a stronger candidate than either Dukakis or Jackson can be  Jackson wins new York Dukakis is finished. The democratic party if it really is a political party rate ice than a instrument of frivolous fun for ideologues cannot give its nomination to Dukakis if he has finished third in Illi Nois lost in Michigan and then lost the largest Eastern Industrial  suppose Jackson stays close to Dukakis heels in new York Pennsylvania and Ohio then wins California. The democratic party Ihnn could in Good conscience the Pany has a Lender con science about process questions cast Dukakis aside. California has 17 percent of the electoral votes needed for winning inc White House. In 1984, inc demo cratic party nominated the candidate who lost inc California primary. The democratic party properly understood is an organization with an overriding moral purpose to win elections. No serious democratic profession Al believes Jackson can come close lobbing elected. Many serious democrats have doubts about the National Appeal of Mario Cuomo but few doubt he would be a stronger candidate than Dukakis. Given the decidedly non electrifying nature of George Bush this is Al to bean election in which he undecided vote is unusually High Well into october. The fart of autumn debates lends to immobilize undecided voters who have if event to Wail for before making up their minds now ask yourself who would serious democrats Hose who really want to win want on inc stage with Bush Dukakis or Cuomo with whom would Bush prefer to be on the stage meanwhile Back in vaudeville Jack son is saying to Noriega can w�talk7" Joan Rivers for president this Man this Harbinger of a new american Matu Rity might so degrade the democratic party thai the 19h8 election will be As frivolous As the 1984 election was. We did not really have an election clarifying conversation with ourselves in i9s4. Thai was not Good for Reagan or the nation. If the same thing happens in 1988 then by 1992 the country will have gone 12 years without a real elec Tion. Too Long. Willm Ripot pm Siiteri group court rung fire fens first amendment rights suppose a defense department employee had teamed about the White House plan to sell arms to Iran in Exchange for hostages. He told a reporter and the Story appeared. As a result the reporter and his editor were called before a grand jury ordered to name the Urce and imprisoned when they refused. It could not happen Here you say. Of yes it could if a decision this week by inc 4th . Circuit court of appeals stands up. The Case is called . Is. Morison and it is the most dangerous judicial blow in Many years to the madisonian system the american system of government accountable to the people. Under the Morison decision a reporter and editor who printed the truth about a disastrous secret policy would not Only have to fear contempt proceedings. They might also Lind themselves prosecuted by the government for espionage. So might inc official who leaked the Story. All those menacing possibilities Are opened up by the Way the court of appeals read the very Broad language of the espionage act of 19 7. Everyone else Ever convicted under thai act committed a Piscina go giving dangerous information to a foreign Power. In this Case the court upheld a conviction for giving a mag Azine classified material for general publication. As so often happens bad facts led judges to make a bad Law. Samuel Loring Morison was a civilian Cal Paytt of the Navy who also did free Lance writing for Jane s defense weekly with inc Navy s approval. He sent Jane s . Satellite photographs of a soviet aircraft Carrier under construction. Morison a leak did not have the justification of exposing some malign secret policy like the Iran arms sales. The trouble is that in stretching the espionage act to reach his conduct the court also menaced the whole american tradition of leaks that keep the system honest. This country has never had a general criminal Law against teams like Britain s official secrets act. In fact Lealu play an essential and accepted role in gelling in formation around Washington. Government officials have repeatedly said that inc espionage act does not cover leaks to the press. Wir in Colby the former Cia director said Congress has drawn a line Between espionage for a foreign Power and simple disclosures of our foreign policy and defense secrets. And decided thai tie latter problems Are an acceptable Cost of the kind of society we  from Lime to Lime administrations have proposed a criminal Law against leaks but Congress has said no. Instead it has carefully selected a few limited classes  information and made it a crime 10 disclose them atomic scr cos for example and the names of intelligence agents. The court of appeals in inc Morison Case ignored at that history. It also rejected arguments that the statute s Lan Guage punishing disclosure of material relating to the National defense was unconstitutionally Broad. The court cured that defect in the statute by writing into it a requirement that the jury find that the material disclosed is potentially damaging to the United slates or might be useful loan enemy still quite a boundless concept. Judge j. Harvie Wilkinson in a concurring opinion tried 10 reassure the press. He said he doubled thai Pru Secu tors would use the Morison precedent against investigative reporting which he called a critical Corn Poncini of the first amendment s goal of accountability in government. The Short unhappy answer is that the very same Section of the espionage act was read by a supreme court Justice 10 apply to the press. In the Pentagon papers Case in 1971 Justice Byron while said the Section covered any receiver of documents relating to the National de sense As Well As the deliverer. There is a great irony in the Morison Case. Attorney general Meuse and his colleagues condemn activist judges who expand the Law on their own instead of leaving lawmaking to Congress. Bui Mcnese s Justice department brought the Morison Case and has now won in in what Musl be one of the most activist judicial decisions in history Wilkinson and another concurring judge. J. Dickson Phillips jr., were plainly troubled by inc potential reach of the Case. Wilkinson rather candidly indicated that democracy May lose when judges defer so deeply to National i Scutt to claims. He worried that stifling the press in this area May leave he Public interest prey id the manifold abuses of unexamined  indeed in May