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Tuscaloosa News — Mukasey, Bush wrong to oppose national shield law

The Tuscaloosa (Ala.) News
April 9, 2008

In retrospect, Michael Mukasey bobbed and weaved a little too much in his confirmation hearings for attorney general. He managed to duck key questions while convincing a majority of lawmakers that he was disgusted with the performan

The Tuscaloosa (Ala.) News
April 9, 2008

In retrospect, Michael Mukasey bobbed and weaved a little too much in his confirmation hearings for attorney general. He managed to duck key questions while convincing a majority of lawmakers that he was disgusted with the performance of his predecessor, Alberto Gonzales, whose clumsy injection of politics into the system of justice earned him the reputation as George W. Bush's bootlick.

However, any senator who voted to confirm Mukasey last November in the hopes of bringing an independent person of integrity to the nation's top law enforcement position has had a rude awakening. Mukasey may not have been so blatant as to order the firing of prosecutors for political reasons but in other respects he has hardly deviated from walking in lockstep with Gonzales and Bush.

For example, in San Francisco last month, Mukasey demanded new warrantless eavesdropping powers for Bush and amnesty for telecommunications firms that broke the law under Gonzales. He even summoned up some tears to underscore his case.

After calling waterboarding repugnant at his confirmation hearings, Mukasey since has refused to condemn the technique or even to discuss it in detail.

In fact, he has vowed to block any prosecution of Bush administration officials for contempt and to block any criminal investigation of torture.

It follows, then, that Mukasey would join other top figures in the Bush administration in opposing a federal media shield bill.

The legislation would allow reporters to protect the identities of confidential sources who provide sensitive - and sometimes embarrassing - information about the government.

Reporters have relied on confidential sources for some of the most important news stories of our era. Among them are Watergate, Enron, the Pentagon Papers, Iran-Contra and many aspects of the Iraq war.

With the exception of Wyoming, every state - even Alabama - has some form of a shield law to protect whistle blowers. The lack of a federal law is a glaring omission that threatens the public's right to know.

It's not just a theoretical threat. More and more, federal officials are targeting reporters to try to force them to reveal their sources.

One of the most recent examples is the contempt citation against former USA Today reporter Toni Locy, who cited confidential sources in the Justice Department and the FBI in her stories about the criminal investigation of the anthrax attacks.

But Mukasey and three other top Bush administrators wrote letters made public last week opposing the "Free Flow of Information Act." They say it could give terrorists and criminals an upper hand.

Poppycock.

The real problem is the one Sen. Charles Schumer, D-N.Y., suggested in urging passage of the bill.

"The administration ought to overcome its visceral dislike of the media and do the right thing," he said. We trust his colleagues agree.

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