Free press defenders voiced alarm and outrage following Wednesday’s vote by a congressional committee to subpoena a journalist wrongly accused of “leaking classified intel” and “doxing” a US special forces commander involved in President Donald Trump’s invasion of Venezuela and abduction of the South American nation’s president and his wife.
"Sound the alarm," wrote Responsible Statecraft, the magazine for the foreign policy think tank Quincy Institute, in a social media post on X Thursday.
Seth Harp is an investigative journalist,New York Times bestselling author, and Iraq war veteran whose work focuses on links between the US military and organized crime. On January 4—the day after the US bombed and invaded Venezuela and kidnapped Venezuelan President Nicolás Maduro and his wife, Cilia Flores—Harp posted on X the name and photo of a commander in Delta Force, which played a key role in the attack.
Experts noted that Harp did not break any laws, with Freedom of the Press Foundation chief of advocacy Seth Stern pointing out that “reporters have a constitutional right to publish even classified leaks as long as they don’t commit crimes to obtain them.”
“Harp merely published information that was publicly available about someone at the center of the world’s biggest news story,” he added.
However, the House Oversight Committee on Wednesday approved in a voice vote a motion introduced the previous day by Congresswoman Anna Paulina Luna (R-Fla.) to subpoena Harper. Democrats on the committee backed the measure after Rep. Robert Garcia (D-Calif.) added an amendment to also subpoena co-executors of Jeffrey Epstein’s estate, according to the Washington Post.
Responding to the committee vote, Harp told the Post:
The idea of a reporter “leaking classified intel” is a contradiction in terms. The First Amendment and ironclad Supreme Court precedent permit journalists to publish classified documents. We don’t work for the government and it’s our job to expose secrets, not protect them for the convenience of high-ranking officials. It’s not “doxing” to point out which high-ranking military officials are involved in breaking news events. That’s information that the public has a right to know.
Harp also took to social media to underscore that he’s not the only journalist being targeted with dubious “doxing” claims.
The House lawmakers’ vote drew widespread condemnation from press freedom advocates.
“Luna’s subpoena of investigative reporter Seth Harp is clearly designed to chill and intimidate a journalist doing some of the most significant investigative reporting on US special forces,” Defending Rights & Dissent policy director Chip Gibbons said in a statement.
“Harp did not share classified information about the US regime change operation in Venezuela. And even if he had, his actions would firmly be protected by the First Amendment,” Gibbons added. “This is a dangerous assault on the press freedom, as well as the US people’s right to know. It is shameful it passed the committee.”
PEN America Journalism and Disinformation program director Tim Richardson said Thursday that “any attempt to haul an investigative reporter before Congress for doing their job reflects a fundamental misunderstanding of the role of a free press.”
“Seth Harp is an independent journalist, not a government official, and therefore cannot be accused of ‘leaking’ classified information in the way those entrusted with such material can,” Richardson added. “The information at issue was publicly available, not secret or unlawfully obtained.”
In a bid to protect reporters and their sources, House lawmakers in 2024 unanimously passed the PRESS Act, legislation prohibiting the federal government from compelling journalists and telecommunications companies to disclose certain information, with exceptions for imminent violence or terrorism. However, under pressure from Trump, the Senate declined to vote on the proposal.
“The bill died after Trump ordered the Senate to kill it on Truth Social,” said Stern. “Apparently, so did the principles of Reps. Luna, Garcia, and their colleagues.”