-Caveat Lector-

Subject: Fw: Free Press Facing Challenge to Its Rights: Insight on the News
(The Washington Times)
Insight on the News (The Washington Times)
http://insightmag.com/main.cfm/include/detail/storyid/189906.html
The Last Word
By Paul M. Rodriguez
February 22, 2002

Free Press Facing Challenge to Its Rights

What do an international business consultant, an Ohio professor and three
journalists have in common? Nothing more than independent work to expose
squalid and disturbing allegations of ties among politicians, banks,
narcotraffickers and money launderers on both sides of the U.S.-Mexican
border and tie-ins elsewhere around the world.

A second common factor is that all have incurred the wrath of the Hank
family - one of the most powerful clans in Mexico - which has launched
high-powered legal exercises in Texas and Ohio to intimidate and harass
members of the press and challenge their rights afforded by the First
Amendment. This includes Insight and one of its senior editors, Jamie
Dettmer, as well as Washington Post reporter Douglas Farah and Dolia
Estevez, the Washington correspondent of Mexico's El Financiero newspaper.
All three have received subpoenas to produce a wide range of information
protected by U.S. press-shield laws and our Constitution.

Reading the subpoena is like reading the summary of a high-suspense plot
from a John Grisham novel, what with tantalizing hints of conspiracies,
organized-crime ties, secret U.S. intelligence agencies, shady gumshoes,
undercover sources and the assassination of a Roman Catholic prelate.
Details are indeed contained in the two legal cases that now have enmeshed
the magazine and the two newspapers in a lawsuit filed in Laredo, Texas,
against writer and business consultant Christopher Whalen, and another
filed in Cleveland against Donald Schulz, a political-science professor.
If the subpoenas served on the news organizations are allowed to stand,
many in the trade believe the precedent would chill reporting by the
American press on efforts by U.S. authorities to resist suspected
narcotrafficking and organized crime.

So how did this happen? It began with an exclusive report by Dettmer back
in March 1999 outlining details in federal law-enforcement and intelligence
documents alleging close ties between the Hank family and Mexico's
suspected top narcotraffickers, including the Arellano Felix cartel in
Tijuana. The story included details of how tons of illegal drugs move
freely across borders and the lax security that allows these substances to
destroy the lives of millions.

The article about the Hanks reported findings of a major multiagency probe
into the Mexican family involving political and business support to help
mask or otherwise support the illegal-drug trade. One of the documents
referenced in the story involved Operation White Tiger. It concluded that
the Hank family, consisting of the now-dead patriarch Carlos Hank Gonzalez,
a billionaire businessman and top Mexican politician, and his two sons,
Carlos Hank Rhon and Jorge Hank Rhon, represented a "major criminal threat"
to the United States because of alleged political protection they afforded
to drug cartels (see "Family Affairs," March 29, 1999).

A month after Insight broke that story, U.S. and Mexican newspapers
followed our lead with yet more information based on their own sources. The
stories caused quite a stir within the Clinton administration and in
Mexico, where at a summit of law-enforcement chiefs, Mexicans complained
loudly to their U.S. counterparts, as did Mexico's then-president Ernesto
Zedillo, whose campaign-nomination papers Carlos Hank Gonzalez had signed.
Since then, the Hanks have mounted a major counterattack, including their
recent U.S. lawsuits against Whalen and Schultz. Whalen is the former
editor of The Mexico Report, a newsletter on politics and finance that
carried similar stories about the allegations against the Hanks and others.
Whalen also was an adviser to the U.S. Federal Reserve and reportedly
helped to block a bid by Carlos Hank Rhon to buy a second bank in Texas to
add to the family's ownership of the Laredo National Bank.

In addition to suing Whalen for "tortious interference" in their effort to
buy a second U.S. bank, the Hanks sued Schulz following a Wall Street
Journal report identifying him as a "probable source" of leaks from
Operation White Tiger to the press. Schulz is considered an expert on
Central and South American issues and author of an unpublished (but
circulated) study entitled Narcopolitics in Mexico. The Hanks' lawsuit
charges that Schulz spread false and defamatory information about the
family based on insider knowledge from the White Tiger report and his ties
with U.S. law-enforcement agencies.

There have been several stories about the ongoing cases in local press and
one overview by The Nation magazine (see www.nation.com). But this is the
first report on the subpoenas recently served on the news outlets - demands
that seek astonishing access to a wide range of protected information. For
example, in the subpoena accepted for Insight by the Washington law firm of
Akin Gump, the Hanks want all unpublished documents, materials and e-mails
and all details of conversations reporters and editors had on a wealth of
matters relating to the family, federal law enforcement, other news outlets
and any documents in our possession. In short, the whole enchilada, and to
hell with the First Amendment!

Such chilling requests are rare - and, generally, fail - but they raise
serious issues about the rights of a free press to do its job. For smaller
publications with limited resources it could deal a deathblow to enterprise
reporting and shut down those who stand up to the rich and powerful. We'll
keep you posted.

Paul M. Rodriguez is the managing editor of Insight.
--------------------------
Story Source: Insight on the News
******************************************************************************

********
Hyperlinks to Related Stories:Family Affairs by Jamie Dettmer 3/29/99

http://insightmag.com/main.cfm?include=detail&storyid=124098

Mexico Drug War Has a US Front by Christopher Whalen 4/02/01
http://insightmag.com/main.cfm?include=detail&storyid=125809

War on Drugs: Reno Contradicts Drug Report by Jamie Dettmer 7/03/00
http://insightmag.com/main.cfm?include=detail&storyid=125156

Mexican Standoff: The Narcostate Next Door by J. Michael Waller 12/27/99
http://insightmag.com/main.cfm?include=detail&storyid=124907

Entrapment: a tale of money, lawyers and the threat to free speech by Julia
Reynolds
http://www.elandar.com/back/spring01/stories/story_entrapment.html

Los Amigos de Bush: The disturbing ties of some of George W. Bush's Latino
advisors
http://www.elandar.com/bush/amigos.html

The Nafta Gang by Julia Reynolds
http://www.elandar.com/hanks.html

Death of a Journalist: How the staff of a Tijuana newspaper tracked down
the killers of their murdered reporter
http://www.elandar.com/back/fall99/gato.html

Hank owned Bank Violated US election laws by Julia Reynolds
http://www.elandar.com/hank
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