DAR AL HARB - U.S.A. - WASHINGTON D.C.: A BILL THAT PROTECTS JOURNALISTS, MAY PROTECT MEDIA WINGS OF TERRORIST GROUPS

Journalist bill may benefit terrorists, House panel told
Committee chair says Justice officials' remarks are 'absurd'
by Zachary Coile, Chronicle Washington Bureau

The Bush administration, which opposes legislation to shield journalists from revealing their confidential sources, warned lawmakers Thursday that the measure's broad definition of journalists could protect the media wings of terrorist groups.

But House Judiciary Committee Chairman John Conyers, D-Mich., challenged the Justice Department's claim, calling it "totally absurd."

The administration made the assertion that terrorists would seek to evade prosecution by invoking a reporter's privilege in federal court at a Judiciary Committee hearing on the media shield bill. The bill would protect reporters, in most cases, from having to disclose their confidential sources or turn over documents to federal prosecutors.

Although the effort to protect reporters stalled last year in the House and Senate, supporters said its prospects appear to be improving in the new Congress controlled by Democrats.

Rachael Brand, assistant attorney general in the office of legal policy, said criminals might post documents or video on Web sites, then invoke the new protections for journalists in an effort to thwart prosecutors. The groups could include "media components of terrorist organizations," she said.

When Republican Rep. Trent Franks of Arizona signaled his agreement -- "Outlets like Hamas could have a lot more latitude under this," he said -- Brand added that the Justice Department shares his concerns about overseas terrorist groups.

"All of those entities are covered by this bill," she said.

But sponsors of the bill said Thursday the administration's claim was outlandish. Many groups labeled by the State Department as terrorist organizations, including Hamas and Hezbollah, have Web operations based abroad, making it unclear how they could take advantage of a U.S. shield law.

The House shield bill also contains exceptions that would allow federal prosecutors to seek information from journalists if it was needed to protect national security or to prevent imminent or actual harm.

"Ever since 9/11, they have used the incident to take things away from us. ... We're supposed to be afraid of terrorists," Conyers said in an interview after Thursday's hearing.

"I mean, who would believe that Hamas would be allowed in federal court to claim that they had the use of the shield to protect them? It's totally absurd and without any basis whatsoever."

Other lawmakers also raised questions about the claim. Freshman Rep. Keith Ellison, a Minnesota Democrat and the first Muslim elected to Congress, pressed Brand, saying he doubted a federal judge would allow a terrorist group to hide behind the protections of a media shield law.

"Is it legitimate to say, 'The terrorists are going to get us so we shouldn't have this law'?" Ellison asked. "That strikes me as kind of hyperbole."

Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, who is closely tracking the legislation, said she believes the administration is less concerned about Hamas or Hezbollah than about Arab newspapers and TV networks that have news bureaus in the West.

"What they're really worried about is Al-Jazeera," she said, referring to the Qatar-based news network, which recently started an English-language channel with a bureau in Washington. U.S. officials have often criticized the network's coverage. "They use the examples of the really extreme groups, but I think what they're really concerned about is Al-Jazeera."

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Pertinent Links:

1) Journalist bill may benefit terrorists, House panel told