By: The Senate Judiciary Committee, before turning to President Bush's Supreme Court nominee, is hearing what the administration thinks about jailing reporters who refuse to reveal their sources.
The testimony from Deputy Attorney General James Comey comes as the panel considers a bill that would protect reporters from being imprisoned by federal courts.
The bill, sponsored by Sen. Richard Lugar and Rep. Mike Pence, both Indiana Republicans, would stop short of giving reporters absolute immunity. In response to a request from the Justice Department, the sponsors added an exception for cases where source identification is essential for protecting national security.
"It simply gives journalists certain rights and abilities to seek sources and report appropriate information without fear of intimidation or imprisonment, much as, in the public interest, we allow psychiatrists, clergy and social workers to maintain confidences," Pence said in prepared testimony.
[Howard Kurtz in the Washington Post reported today: "The Justice Department is opposing a bipartisan effort on Capitol Hill to protect journalists from having to reveal confidential sources, calling the legislation 'bad public policy' that would impair the administration's ability 'to effectively enforce the law and fight terrorism.' In testimony prepared for a Senate Judiciary Committee hearing this morning, Deputy Attorney General James B. Comey Jr. says 'imposing inflexible, mandatory standards' would hurt the department on prosecutions involving public health, safety and national security. The department's position is a disappointment to lawmakers and news media advocates who have been negotiating with Justice officials and this week scaled back the bill to meet administration objections.]
A journalist who did publish Valerie Plame's identity, Time magazine's Matt Cooper, is testifying before the committee Wednesday. "I think this clearly points out the need for some kind of a national shield law," Cooper said this month.
Also testifying are Time magazine Editor in Chief Norman Pearlstine and media lawyer Floyd Abrams.
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