Hatch, Leahy Debate Patriot Act, FOIA

By: Joe Strupp Billed as a discussion of Freedom of Information Act issues, a session Thursday at the American Society of Newspapers Editors annual conference turned into a debate over the Patriot Act and its effect on public access to information.

During the hour-long talk before several hundred members of ASNE and the Newspaper Association of America -- which are holding their annual meetings jointly -- Sen. Patrick Leahy (D-Vt.) and Sen. Orrin Hatch (R-Utah) squared off over the difficulty of balancing FOI with the post-Sept. 11 need to prevent terrorism.

Hatch took editors to task for failing, in some cases, to properly explain what the Patriot Act does and doesn't do. "Much of the discussion and coverage would leave many with the impression that none of these provisions are under oversight," he told editors. "None of this is true. I would hope that as leaders you would do more than report the arguments over the debate, but also report on the provisions."

The GOP senator then went on to praise the legislation, which granted new power to shield government documents from public view and give government agencies more latitude in obtaining information previously deemed private. He said the act has already been responsible for finding and prosecuting 200 people linked to terrorist planning, while helping to deport 500 others.

"Not a single witness during the four hearings we have had on this subject has provided a single specific example of how the Patriot Act has been used to infringe on anyone's liberty," Hatch declared. "Many of the doomsday predictions have not come true."

But Leahy countered with allegations that the legislation curbed the media's and public's ability to get information, while also allowing the Bush administration to ignore demands for more openness. "I have never seen such a lack of cooperation during my time in Washington," said Leahy, noting he had served in the Senate during six presidential administrations. "In a period when there is so much to be accountable for."

Leahy claimed that government secrecy had been "ratcheted up" in the past two years. "Government information ultimately belongs to the people," he added. "We have been moving in a different direction. The period after Sept. 11 saw the single biggest rollback of FOIA ever."

The discussion occurred at a time when the White House is already lobbying for the Patriot Act to be extended after it expires in 20 months. "It is the things we don't want you to know about that you need FOIA for," Leahy said.

During the discussion, led by Doug Clifton, editor of The Plain Dealer in Cleveland, and Burl Osborne, Associated Press chairman, the senators were asked how to ensure government accountability under the Patriot Act, drawing sharply different reactions.

"We have to have a balance," Hatch said. "But sometimes we overbalance it where we don't worry enough about law enforcement." Leahy disagreed, stating "you should question the powers you are giving them."

Hatch agreed with Patriot Act opponents on one front, declaring that more classified information in Washington should be made available. "I have always felt that we classify too many things," he said. "We have lots of ways of finding out what is going on out there, and a lot of leaks going on in this town."

Leahy urged local papers to keep up the tradition of digging up information from government sources and pressuring official entities for access.

When an audience member indicated concern that the Patriot Act might allow federal officials to find out what books she is buying or her medical information, Hatch quickly defended the legislation. That provision has never been used, he said, stressing that "we must make sure the government does not abuse these broad powers. There is always that potential."

But Leahy warned that some proposals, such as giving intelligence agents subpoena powers, could harm newspapers. "Suppose you write an editorial they don't like," Leahy said. "They can get all of your records and effectively shut you down." Hatch quickly countered the speculation, stating "that is not something we are doing or will do."

Leahy also said the intelligence agencies' failure to find terrorists before Sept. 11 could have easily been stopped if warnings were heeded and simple investigative tools used, including the incidents in Arizona and Minnesota of agents warning Washington that suspicious persons were taking flying lessons.

"The FBI totally dropped the ball," Leahy said about the Arizona example. "We have sheriff's departments in this country that could do a better job." He added, "I said to one of the agents, 'Can you do a Google search?' she said, 'What?' I said I had a 12-year-old neighbor who could help them. They don't need a new law for that, they just need to coordinate."

The seriousness of the debate, however, did not stop the senators from offering some humor to their newspaper audience. At one point, Hatch held up an enlarged copy of the supermarket tabloid Weekly World News with the headline "12 Members of Congress Are Aliens," saying the headline, which ran 10 years ago "doomed my presidential candidacy."

Leahy, meanwhile, suggested that he and Hatch, who have been good friends for many years despite their political differences, could write a joint advice column. "If we can endure a friendship, anyone can," he quipped.