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Senator withdraws leaks legislation

Washington Bureau Chieffritz
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By SARA FRITZ

© St. Petersburg Times,
published September 6, 2001


WASHINGTON -- Under pressure from broadcast and newspaper executives, Attorney General John Ashcroft has defused, at least temporarily, an effort led by Sen. Richard Shelby, R-Ala., to criminalize leaks of classified government information to the news media.

Shelby dropped plans to attach his measure to the annual appropriation for U.S. intelligence when he learned that Ashcroft would not support it. The same measure passed Congress last year, but it was vetoed by President Clinton on grounds it was unconstitutional.

According to Andrea Andrews, Shelby's spokeswoman, the senator has agreed to allow an interagency task force of Bush administration officials to review the problem of leaks of classified materials and to make recommendations to Congress.

The Associated Press reported that Justice Department officials had acknowledged that Ashcroft requested a delay, but declined to say why. The Justice Department press office did not respond to a similar inquiry from the St. Petersburg Times.

Opponents suggested that Ashcroft demured because the administration does not want to pick a quarrel with the news media when the president needs public support for his legislative priorities.

The study of leaks promised by Ashcroft easily satisfied opponents of the legislation, including most major media organizations. Opponents have argued that the legislation is unnecessary and unconstitutional.

"The result is a win-win for advocates of responsible national security," said Tom Devine, legal director of the Government Accountability Project, a group representing government whistle-blowers. News stories frequently are supplied to the media by whistle-blowers.

The Senate Intelligence Committee headed by Sen. Bob Graham, D-Fla., had been scheduled to hold hearings Wednesday on Shelby's proposal. But the hearings were canceled at the last minute after Shelby learned that none of the scheduled witnesses, including Ashcroft and CIA Director George Tenet, intended to speak in favor of the measure.

If Shelby's proposal were enacted, leakers would face a felony charge and up to three years in prison. Opponents of the measure argue that current law is sufficient to control leaks of information that would jeopardize national security. Devine said that without leaks of some information to the public, national security might be jeopardized.

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