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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsGOP helped kill legislation sponsored by Obama (in 2007) that would have protected the AP
by Jed Lewison
Darrell Issa is outraged that the Department of Justice secretly obtained phone records through a subpoena of the AP's telecommunications provider. He's right to condemn the action, but as nycsouthpaw points out, it's worth remembering that Issa voted against legislation that would have protected the AP:
Issa was one of 21 House members who opposed the Free Flow of Information Act of 2007, a measure that would have forbidden federal investigators from compelling journalists to give evidence without first obtaining a court order. The bill included a section that specifically forbid subpoenaing journalists phone records from communication service providers to the same extent that the law protected the journalists themselves.
The legislation passed the House, but it was filibustered by Republicans in the Senate and opposed by the Bush Administration. Barack Obama, at the time a U.S. Senator, didn't vote on the bill, but was a co-sponsor. So you have a situation where Issa and Senate Republicans opposed legislation that would have prevented a government action they now decry, and you have a president who supported the legislation but whose administration is now responsible for taking the actions his legislation was supposed to prevent.
Thus far, the president hasn't addressed the DOJ's actions. Yesterday, White House Press Secretary Jay Carney tried to take a neutral posture, saying that the White House was unaware of the subpoena until the AP announced it yesterday and referring all questions to the DOJ.
Given the president's support for the press shield legislation in the Senate, he's at risk of being as hypocritical on this issue as Issa and most Senate Republicanswithout having the added virtue of being right. But if he wasn't involved in the decision to subpoena the records, he could help make up for the government's overreach not only by saying it was wrong to subpoena copies of AP phone records, but also by harnessing the GOP's new civil libertarian streak to push through the legislation that they killed just a few short years ago.
http://www.dailykos.com/story/2013/05/14/1208990/-GOP-helped-kill-legislation-sponsored-by-Obama-that-would-have-protected-AP
Similar legislation was taken up in 2009.
11/4/2009
Leaders of the Society of Professional Journalists welcome the compromise the Obama administration, senators and news organizations reached on a federal shield law that would protect journalists, their sources and the publics right to know. Although SPJ does not believe S. 448 is a perfect bill, the Societys leaders carefully examined the proposed legislation, and on behalf of its more than 8,000 members, have decided to support the protections granted to journalists.
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Although SPJ leaders are pleased with many of the revisions in the latest compromise, such as a broader definition of who will be covered, they are disappointed that the new bill does not cover non-confidential information...However, SPJ is pleased that the revised legislation provides a shield for journalists protecting their confidential sources in criminal and civil proceedings. The bill covers subpoenas issued by grand juries and special prosecutors, in addition to prosecutors, civil litigants and criminal defendants. This revision requires that the party seeking confidential information first exhausts alternative sources; proves that there is a high need for the information; and conducts a public-interest balancing test before a federal court will compel disclosure of source information.
In criminal cases, reporters may be forced to demonstrate that there is clear, convincing evidence that the publics right to know is more important than disclosure of requested information. However, in civil proceedings, the legislation provides more protection, including in cases regarding the Privacy Act. The legislation also states that federal judges may overturn subpoenas for reporters testimony if the judges determine that the publics right to know outweighs the need for the government to know the source.
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Stipulations that have not changed in this version refer to the treatment of information regarding terrorist activity and harm to national security. The compromise also does not allow protections for journalists when information is required to stop or prevent death, kidnapping or substantial bodily harm.
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http://www.spj.org/news.asp?ref=936
In 2009, the House had passed the bill, but it died in the Senate.
SPJ encouraged after Shield Law passes House, shifts focus to less-certain Senate
http://www.spj.org/news.asp?ref=869
SPJ president to senators: pass the shield law
http://spj.org/news.asp?ref=987
Hypocrisy: "Republicans accused the administration of deliberately leaking classified information"
http://www.democraticunderground.com/10022840983
ProSense
(116,464 posts)hypocrisy.
spanone
(135,635 posts)About the only merit conservatives have in their Benghazi hysteria is the notion that security was inadequate at our diplomatic mission in that city.
Unfortunately, it's an inadequacy Republicans have been trying to exacerbate over the last year.
As part of the Republican majority that has controlled the House the last two years, Mr. Issa joined in cutting nearly a half-billion dollars from the State Departments two main security accounts. One covers things like security staffing, including local guards, armored vehicles and security technology; the other, embassy construction and upgrades. In 2011 and 2012, President Obama sought a total of $5 billion, and the House approved $4.5 billion.
Utah teabagging Rep. Jason Chaffetz has been a leading proponent of Benghazi conspiracy theories, yet even he isn't shy to proclaim his votes against diplomatic security:
OBRIEN: Is it true that you voted to cut the funding for embassy security?
CHAFFETZ: Absolutely. Look, we have to make priorities and choices in this country.
http://www.dailykos.com/story/2013/05/09/1208061/-Republicans-slashed-diplomatic-security-budget-still-trying-to-cut-more