U.S. Justice Department Responds To Subpoena Inquiry

By: Todd Shields The U.S. Justice Department says it subpoenaed reporters 73 times in the last decade, including 13 demands for telephone records.

The statement comes in response to the controversy generated by the department?s May subpoena of Associated Press reporter John Solomon?s home telephone records. Critics say the subpoena raises the specter of government interference with press freedoms.

In reply to questions from U.S. Sen. Charles E. Grassley (R-Iowa), the department late Thursday sent his office a list of subpoenas. It said federal officials issued subpoenas for telephone records once in 2001 -- presumably Solomon?s case -- and once in 1999. The decade?s 11 remaining telephone-record subpoenas occurred in 1997 and earlier.

Grassley said the "sparse list raises many more questions than it answers," and sent a fresh volley of questions to the department, including how many subpoenas were aimed at revealing reporters? sources and how many were secretly served.

The list said the Justice Department since 1991 had issued six subpoenas seeking reporters? documents and testimony; 33 subpoenas seeking documents only; and 21 subpoenas seeking testimony only. It offered no elaboration.

Justice Department officials were asked to comment on the matter, but did not return repeated telephone calls Friday and earlier in the week.

Solomon in May quoted unnamed law enforcement officials as saying the voice of U.S. Sen. Robert G. Torricelli (D-N.J) had been captured on a federal wiretap. Some have speculated the subpoena is aimed at unveiling Solomon?s informants.

According to its own guidelines, the Justice Department is to exhaust alternatives before issuing a subpoena, and to notify news organizations so they can fight the subpoena.

AP says it learned of the May subpoena only via an Aug. 20 Justice Department letter.