No Way Jose: NO WAY JOSE: Who’s Investigating the Investigator?

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In this episode of We Are Not Afraid Presents: For The Record With David McClam, David addresses information reported to him alleging that PRETEND host Javier Leiva is the subject of a federal cyberstalking investigation involving a Reddit profile that targeted a subject of his podcast.

David makes an important distinction from the beginning: he has not independently confirmed an official finding against Javier Leiva, and an investigation is not proof of guilt.

However, David says he intends to cooperate fully with investigators and provide the evidence in his possession.

The allegation raises a much larger question about journalistic independence:

What happens if a person reporting on accusations of harassment is also secretly participating in harassment against the very person he is covering?

If evidence were to establish that a reporter operated or participated in an anonymous account targeting a subject, the implications could extend beyond the posts themselves. It could raise questions about whether apparent public reaction was truly independent, whether confrontations were being influenced behind the scenes, and whether resulting responses were later presented to an audience without disclosure of the reporter’s own involvement.

The episode examines those questions through the principles of journalistic independence, transparency, accountability, and minimizing harm.

David also discusses the potential legal distinction between offensive or anonymous online speech and conduct that could satisfy the elements of federal cyberstalking. An anonymous account, criticism, or hostility by itself does not establish a federal crime. Investigators would still have to establish the conduct, intent, and other required legal elements.

But the ethical questions remain.

If evidence ultimately connects Javier Leiva to the account in question, David argues that PRETEND’s audience deserves clear answers:

What was posted?

What was encouraged?

What involvement existed?

And what, if anything, was withheld from listeners?

There is also an unavoidable contradiction at the center of the allegation. PRETEND has reported extensively on stalking and harassment, including through The Stalker. If evidence were to show that its own host engaged in similar conduct, the credibility questions would be significant.

David’s position is simple:

He will provide the evidence he possesses.

He will cooperate with investigators.

And he will allow the evidence to be examined.

Because accountability cannot apply only to the people being investigated.

The person holding the microphone does not get to place himself outside the standard of accountability he applies to everyone else.