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Free Flow of Information Act of 2007

Date: Oct. 16, 2007
Location: Washington, DC
Issues: National Security

FREE FLOW OF INFORMATION ACT OF 2007 -- (House of Representatives - October 16, 2007)

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Mr. ISSA. Mr. Speaker, I rise in opposition to H.R. 2102, the Free Flow of Information Act. This bill goes too far in jeopardizing our national security.

The freedom of the press is an immensely important principal in our democratic society. That is why the Department of Justice (DOJ) has for the past 35 years followed a policy that strictly limits when Federal prosecutors are allowed to issue subpoenas to the press. These standards are so difficult to meet that prosecutors, under this current policy, are commonly discouraged from even seeking a subpoena for a reporter in the first place.

These protections, which are far reaching, should not be absolute. When critical, highly sensitive national security information is illegally disclosed to members of the news media and published for every enemy of America to see--Federal prosecutors must be empowered to aggressively investigate the disclosure of that information and the prosecution of those responsible. We simply cannot erect obstacles which hamstring Federal law enforcement when sensitive government secrets are divulged. Such disclosure can be treasonous, and reporters should not be able to protect individuals who jeopardize our national security. American lives are more important than the privilege of anonymity that reporters promise to a source who is compromising our nation's secrets.

According to the DOJ, the ``unduly narrow exception to the legislation's broad prohibition on compelled disclosure would hinder efforts to investigate and prosecute those who have leaked classified information, undermine the ability of law enforcement to investigate national security breaches that have already occurred, and weaken Federal efforts to mitigate damage to national security that has already taken place.'' As a member of both the Committees on Judiciary and the Permanent Select Committee on Intelligence, I find these faults with the bill unacceptable.

While I do not stand in opposition to my friends Representatives MIKE PENCE and RICK BOUCHER, the primary sponsors of this legislation, I must ask my colleagues to vote no on this bill. H.R. 2102 establishes new dangers without sufficient justification.

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