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Chuck Schumer, Lindsey Graham introduce new media shield law
Politico.com ^ | 7/17/13 | Burgess Everett

Posted on 07/18/2013 5:48:00 AM PDT by cotton1706

Chuck Schumer and Lindsey Graham have rounded up another bipartisan gang, this time to pass a media shield law that would enact recent Justice Department guidelines.

The New York and South Carolina senators have written a new shield bill that protects the media from revealing information and sources during news gathering and requires courts to “apply a balancing test before compelling disclosure” from journalists. The bill would also require reporters’ be notified within 90 days of their records being reviewed by Justice and require the courts to arbitrate Justice’s media records requests.

Continue Reading Text Size -+resetAdvertisementLatest on POLITICO DNA test: Rep. Cohen not the father Playbook: Obamacare in three words McKinnon talks up Liz Cheney Martin's mom turns to Obama Perry to sign abortion restrictions Ads hit GOP lawmakers on immigration The bill doesn’t provide an absolute privilege to journalists and contains exceptions for when information about leaks to journalists could be used to prevent terrorism attacks and when information can help prevent deaths and kidnappings in non-national security cases. DOJ’s guidelines released last week said journalists’ records can be collected only if the reporter is the subject of a criminal investigation, which the senators want to make sure future administrations don’t reverse.

“Our bill will ensure that any administration, now or later, can’t make a U-turn and abandon these new guidelines,” Schumer said. “We are going to add new provisions to ensure that the proposals DOJ has issued aren’t simply suggestions that are followed at the whim of an attorney general, but the law of the land.”

The new bill applies to government seizure of journalists’ business and credit card records, as well as the records of phone and Internet companies written into a previous bill. The tougher media shield effort from the Senate comes on the heels of revelations that the DOJ was monitoring the Associated Press’s phone lines in the Capitol.

“When you cover political people it’s OK if we get upset, but it’s not OK if we use the power of the government unfairly against those who cover us. So having the courts involved I think is a necessary check and balance,” Graham said. “This bill makes it much harder for a political appointee to use an administrative subpoena” on the media.

Schumer said the chances of the bill becoming law “are high” and believed the White House would be supportive of it. The White House had no immediate comment, but DOJ indicated support for the effort.

“The Department is pleased with the progress being made on this important media shield legislation. We will continue to work with lawmakers on both sides of the aisle as the bill moves forward in the Senate,” said DOJ spokesman Brian Fallon.

The bill will get a hearing in the Judiciary Committee before the Senate breaks for August recess, Schumer said. He and Graham have been working on the effort for a couple of years and now have gotten backing for their revised bill from Sens. Amy Klobuchar (D-Minn.), Jon Tester (D-Mont.), Richard Blumenthal (D-Conn.), Roy Blunt (R-Mo.) and Johnny Isakson (R-Ga.). Senators hope they can build on a compromise struck Tuesday to avert a sweeping rules change to the Senate in order to pass the shield law while the subject of media leaks are still fresh in the public’s mind.

Graham said he hopes Sen. Kelly Ayotte (R-N.H.) signs on to make it a true “Gang of Eight,” a number that was successful in the Senate on immigration. As a former prosecutor, Klobuchar said she doesn’t like to use the word “gang,” but she christened the group as “another good gang” nonetheless.

“Courage isn’t just going into the chamber and making a speech all by yourself and having your base cheer. Courage is whether you are willing to stand up next to someone that you don’t always agree with for the betterment of this country. And that’s what’s changing in the Senate.”


TOPICS: Government; Politics
KEYWORDS: ladylindsey
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They just keep plugging along.
1 posted on 07/18/2013 5:48:00 AM PDT by cotton1706
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To: cotton1706

Be sure to add a provision in the law that says the president must obey the law...

He thinks he can pick and choose which ones he will enforce, even his own


2 posted on 07/18/2013 5:50:42 AM PDT by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: cotton1706

I am sure in the end it will be a clever way to protect the guy who illegally wiretapped McConnell’s office from prosecution.


3 posted on 07/18/2013 5:55:11 AM PDT by Piranha (We laugh at honor and are shocked to find traitors in our midst.)
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To: cotton1706
They create the problems, then they solve the problems. Keeps the grazing sheeple thinking they're necessary.
4 posted on 07/18/2013 5:57:50 AM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: cotton1706

Don’t like this.

Basically the law will shield their friends and anyone “they” consider a journalist.

It will add a protected class.


5 posted on 07/18/2013 5:58:20 AM PDT by ConservativeMan55
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To: cotton1706

yes making a law confirming the 1st amendment.

well the 1st is already the law of the land.

what has to happen is for the POSOTUS to obey the law. He may think it, but he is not above the law.


6 posted on 07/18/2013 5:58:45 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: cotton1706

Just wow... Lindsey lecturing us on courage:

“Courage is whether you are willing to stand up next to someone that you don’t always agree with for the betterment of this country.”

Yes Lindsey, you should give that a try sometime and stand up next to a conservative for once!


7 posted on 07/18/2013 6:06:51 AM PDT by Carthego delenda est
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To: cotton1706

Yeah. In essence they are killing the Freedom of Information Act and covering their own butts ith the assistance of the LSM. If they get this passed they will move to restrict access to overnment records next, trust me.


8 posted on 07/18/2013 6:20:10 AM PDT by jsanders2001
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To: jsanders2001

Yeah. In essence they are killing the Freedom of Information Act and covering their own butts with the assistance of the LSM. If they get this passed they will move to restrict access to government records next, trust me.


9 posted on 07/18/2013 6:22:00 AM PDT by jsanders2001
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To: cotton1706

We need to be shielded from both of these idiots.


10 posted on 07/18/2013 6:24:09 AM PDT by Paladin2
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To: cotton1706
So, who is a journalist? A big newspaper or TV network like the NY Times or CBS would count. How about a one person blog or even a TV network with three viewers like MS-NBC? How do you compare a print news magazine like Time vs. a (now) web only publication like Newsweak? How do you compare a small town shopping/news paper vs. an international internet gadfly like Drudge? Since the freedom of the press in the first amendment doesn't have a minimum readership or publication schedule stated, so I don't see how they can legally split those hairs.
11 posted on 07/18/2013 6:25:09 AM PDT by KarlInOhio (This message has been recorded but not approved by Obama's StasiNet. Read it at your peril.)
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To: cotton1706

Is Chuck Schumer gay?


12 posted on 07/18/2013 6:37:11 AM PDT by SC_Pete
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To: cotton1706
If it is cooked up by the Gang of Eight, you know it is bad for America. But it should be renamed the Democrat Shield Law since that is what most of the media is.

FUGOE

13 posted on 07/18/2013 6:50:55 AM PDT by Major Matt Mason ("Journalism is dead. All news is suspect." - Noamie)
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To: cotton1706

The Evil Party and the Stupid Party are getting together. Gee, what could possibly go wrong.


14 posted on 07/18/2013 7:10:49 AM PDT by VRW Conspirator (The Lefties can drink Kool-Aid; I will drink Tea.)
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To: cotton1706

What good will a new media shield law do when this Administration won’t even follow the old one?


15 posted on 07/18/2013 7:39:33 AM PDT by Hoodat (BENGHAZI - 4 KILLED, 2 MIA)
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To: cotton1706

Congress writes a Bill to protect the Media from Congress ? Sounds like a way for Dems to work with the Media to attack opponents .Anything with Schumer involved is a SCAM


16 posted on 07/18/2013 7:40:02 AM PDT by molson209
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To: cotton1706

F the Media. They are not gods. They are not supermen. They have no extra rights or protections.


17 posted on 07/18/2013 7:54:16 AM PDT by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: cotton1706

There is no profanity adequate for these vermin?


18 posted on 07/18/2013 8:29:55 AM PDT by ExTexasRedhead
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To: ExTexasRedhead

Looks like they ran out of laws and are circling back for round two.

Here is a law for the media. If you do not tell the truth in reporting a story, you lose your license to operate for a year. The second time it’s the death penalty.


19 posted on 07/18/2013 8:42:02 AM PDT by EQAndyBuzz (The reason we own guns is to protect ourselves from those wanting to take our guns from us.)
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To: EQAndyBuzz

Welcome to 1930’s Germany, the redo?


20 posted on 07/18/2013 9:29:45 AM PDT by ExTexasRedhead
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