Mukasey Tells Senate He Opposes Legislation Providing A Media Shield

WASHINGTON (AP) _ Michael Mukasey, President Bush's nominee for attorney general, told senators Thursday he's resistant to passing a law shielding reporters from being forced to reveal their sources,

Thursday, October 18th 2007, 10:59 am

By: News On 6

WASHINGTON (AP) _ Michael Mukasey, President Bush's nominee for attorney general, told senators Thursday he's resistant to passing a law shielding reporters from being forced to reveal their sources, saying it would be much easier to fix internal Justice Department practice if need be.

``The system worked passably well up until now,'' Mukasey told the Senate Judiciary Committee, which approved legislation that would establish such a shield. The House overwhelmingly passed a similar bill last week, but President Bush said he would veto it.

Mukasey, a former federal judge who also has represented reporters as a defense lawyer, indicated he would side with Bush against any federal legislation.

``One thing about internal procedures is that if you need to change them they're relatively easy to change,'' he said at his confirmation hearing. ``You can adjust the regulation, you can adjust the procedure, you can put more levels in. You can change standards. It becomes much harder when it's etched in stone in the form of legislation. And that is part of the reason for my unease.''

His comments on the second day of confirmation hearings that have veered over myriad topics and Justice Department controversies under Alberto Gonzales, the last attorney general, who announced his resignation in August.

Majority Democrats, aided by some Republicans, have urged passage of a media shield because they say it would protect reporters and government whistleblowers who reveal improper or illegal official activity. Fifty news outlets, including The Associated Press, support the legislation.

The Bush administration has issued a veto threat, saying that subpoenas for reporters are relatively rare and that a shield would make it harder to track down leakers of classified information.

Mukasey said that he has reservations about the legislation because it sets too high a legal threshold for prosecutors to meet to overcome the shield. Proving that the disclosure is needed to prevent an attack is difficult in advance, the nominee said Wednesday.

The measure also pending defines a journalist too broadly and might inadvertently protect, for example, bloggers who are also spies or terrorists, Mukasey said.

Sen. Arlen Specter, R-Pa., who supports the shield, asked Mukasey to submit his specific objections to the committee in writing. Mukasey agreed.

On a related topic, Republican Sen. Charles Grassley warned Mukasey that the administration has not been friendly to whistleblowers and urged the nominee to stand up for anyone who exposes government mismanagement.

Grassley, R-Iowa, said he once suggested to Bush that he have a Rose Garden ceremony to honor whistleblowers because ``for the most part they are patriotic people.''

``And I got some sort of a comment back about if he did that every nut would come out of the woodwork,'' Grassley told Mukasey. ``So with that sort of an attitude at the highest level of government, you know, it's very important that people a little lower down, as you are...make sure that the spirit of the law is carried out as well as the law.''

Thursday's proceedings also covered the balance of power between branches of government, as it relates to the president's authority to eavesdrop on terror suspects and approve interrogation tactics that some could define as torture.

Senators sought pin down Mukasey on how much legal leeway he would give the president, as authorized in the Constitution, beyond U.S. laws that have been approved by Congress. The struggle over the balance of power has been a key topic during Mukasey's hearings, as part of discussions about presidential authority to eavesdrop on terror suspects or approve interrogation tactics that could be defined as torture.

``There are areas of presidential authority,'' Mukasey said.

However, ``we are not dealing here, necessarily, with black and white. I understand that. Which is why it's very important that push not come to shove because the result ... could be disastrous,'' he added.

Sen. Russ Feingold, D-Wis., said presidents should not be allowed to use executive authority to trump U.S. law, and chastised Mukasey for the answer he gave.

``I believe this is contradictory and it troubles me,'' Feingold said.

The exchanges were part of what was expected to be the final round of questioning of Mukasey. Later in the day, the panel was set to hear from witnesses that included former Attorney General Dick Thornburgh.

So far, Mukasey has told senators he will reject any White House meddling in Justice Department matters and resign if his legal or ethical concerns about administration policy are ignored.