In what I believe is unprecedented, the US government has agreed to pay Steven Hatfill, who was falsely and publicly accused of being the “anthrax mailer,” a multi-million dollar settlement. Federal officials leaked defamatory information, and journalists published it. Unlike the case of Wen Ho Lee, the government is paying, Hatfill directly. In the Lee case, the media companies sued paid Lee, and the government paid only his legal expenses and taxes.
It is less clear what deterrent impact this settlement will have on government officials in the early stages of criminal investigations and on journalists who rely on them as anonymous sources. The leaking officials have not been punished, as far as we know, and none of the journalists have publicly admitted that they made errors in reporting weak information.
Reporters need anonymous sources given the government’s official secrecy policies. But they also have an obligation to ensure that leaked information is accurate, and should be especially wary of information about on-going criminal investigations.
