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Holder Defends DOJ

Holder: Department ‘will not prosecute any reporter’

Attorney General Eric Holder / AP
June 6, 2013

Attorney General Eric Holder defended the Department of Justice Thursday in the face of continued criticism over its surveillance of reporters.

Testifying before a subcommittee of the Senate Committee on Appropriations on the Justice Department’s 2014 requested budget, Holder directly addressed the ongoing scandal.

"The Department has not prosecuted, as long as I'm attorney general, will not prosecute any reporter for doing his or her job," Holder said.

The media, Republicans, and watchdog groups have hammered the Justice Department after revelations the agency spied on journalists from the Associated Press and FOX News in the course of investigating national security leaks.

The investigations raised concerns that reporters could be prosecuted as co-conspirators in leak prosecutions.

Sen. Richard Shelby (R., Ala.) said a "hue of distrust will hover over the Department of Justice" as long as the scandal is not resolved.

Holder’s full statement regarding the investigations is below:

While the Department of Justice must not waiver in its determination to protect our national security, we must be just as vigilant in our defense of the sacred rights and freedoms we are equally obligated to protect, including the freedom of the press. In order to ensure the appropriate balance in these efforts, at President Obama's direction, I have launched a review of existing Justice Department guidelines governing investigations that involve reporters. Last week, I convened the first in a series of meetings—with representatives of news organizations, government agencies, and other groups—to discuss the need to strike that important balance, ensure robust First Amendment protections, and foster conductive dialogue. I appreciate the opportunity to engage members of the media and national security professionals in this effort to improve our guidelines, policies and process—and to renew the important conversation, that is as old as our Republic, about how to balance our security with our dearest civil liberties.

As part of that conversation, let me make several things clear. First, the Department's goal in investigation leak cases is to identify and prosecute government officials who jeopardize national security by violating their oaths, not to target members of the press or discourage them from carrying out their vital work. Second, the Department has not prosecuted, as long as I'm Attorney General ,will not prosecute any reporter for doing his or her job. With these guiding principles in mind, we are updating our internal guidelines to ensure that in every case the Department's actions are clear and consistent with our most sacred values.

This conversation is not static, and it seldom results in easy consensus. It is often difficult and emotional charged. And it requires all parties to approach these delicate issues in good faith—so that today's government leaders, journalists—and concerned citizens, from all walks of life—can come together, as our predecessors have down, to secure our freedoms; to ensure the safer of our cities; and to update and refine key protections in a way that's commensurate with the challenges and technologies—and consistent with our most treasured values.