Wednesday, September 23, 2009

Specter Urges Action On Press Sheild Bill

Sen. Arlen Specter, D-Pa., urged Senate Judiciary Chairman Patrick Leahy in a Tuesday letter to insist on a committee vote Thursday on legislation to protect confidential sources of journalists. "There has been ample time for consideration so that amendments should be presented and voted upon and the bill should be reported to the floor promptly," Specter said. Last week, the panel confronted bipartisan opposition on grounds the bill does not do enough to protect national security.

Specter reintroduced the bill in February and it has been on the committee's agenda since May. Since the introduction of the original measure in 2005, the panel has held multiple hearings and heard from 24 witnesses, he pointed out. In October 2007, the committee reported the previous bill on a 15-4 vote. "If there are objections, let the objectors offer amendments without a continuing filibuster," Specter said.

Senate Intelligence Chairwoman Dianne Feinstein and Judiciary ranking member Jeff Sessions have argued the bill could encourage leaks of classified information. Sessions has also claimed it would impede national security investigations and make it difficult to subpoena source material from reporters, especially where the crime is related to classified information. "I'm going to have a hard time voting for this bill," Feinstein said last week.

The bill gives journalists the right to resist government efforts to seek material from those who have promised confidentiality to sources. Exceptions include if a court "by a preponderance of the evidence" finds all other reasonable sources have been exhausted, if there are reasonable grounds a crime has been committed, or if the testimony or document is essential to prosecution or defense, CongressDaily reported.. In leak cases, journalists would not be shielded if a court found the information would help prevent a terrorist act or other harm to national security that would outweigh the public interest.