Senate Seeks To Plug Classified Leaks

By: Todd Shields Legislation that could chill the national debate and bring federal prosecutors into newsrooms in a hunt for sources is resurfacing in Congress, nearly a year after it died via a presidential veto requested by newspapers.

The Senate Select Committee on Intelligence plans a Sept. 5 hearing to consider a provision to criminalize all leaks of classified information. The committee's chairman, Sen. Bob Graham, D-Fla., scheduled the hearing in response to complaints that last year's measure passed Congress without a public airing, said Graham spokesman Paul Alexander.

Last year's provision was sponsored by Sen. Richard C. Shelby, R-Ala., who called President Clinton's veto a "capitulation" to the media. Shelby "remains concerned about unauthorized leaks," said spokesman Andrew Gray.

Critics believe the committee intends to approve anti-leaking language to be offered by Shelby when it considers an authorization bill in closed session Sept. 6. Newspaper companies want the Senate to postpone consideration, saying it should await an informal discussion under way among current and former security officials and First Amendment advocates.

"The dialog is beginning to gather momentum," said Kathy Park, a spokeswoman for The New York Times. She said the dialog could generate consensus on "the best ways to safeguard our nation while maintaining the freedom of speech and the freedom of the press."

Shelby said unspecified leaks have damaged national security -- his provision would have forbidden leaking of classified material, regardless of content, and proposed fines and imprisonment for offenders.
Critics say such a measure would stifle open debate by intimidating would-be leakers, and could result in journalists being subpoenaed by prosecutors hunting for sources.

"It's really bad news," said John F. Sturm, CEO and president of the Newspaper Association of America. The Senate committee has invited testimony from Sturm, Times Publisher Arthur O. Sulzberger Jr., Washington Post CEO and President Boisfeuillet Jones Jr., and CNN CEO Walter Isaacson.