Schumer Amendment to Codify New DOJ Media Guidelines into Law and Strengthen Media Shield Bill Adopted in Judiciary Committee
Press Release
Today, U.S. Senator Charles E. Schumer's amendment to the media shield legislation in order to codify into law and expand upon the recently-announced Department of Justice media guidelines was adopted by the Senate Judiciary Committee on a voice vote. Schumer introduced the amendment noting that while the DOJ guidelines are a good start, future administrations could simply undo the new guidelines if they chose to do so. The new legislation would limit the number of times that the DOJ can ask a court to extend, by 45 day increments, its obligation to notify a member of the press that the Department of Justice has sought that person's records. It would also ensure that only one extension can be granted, thus requiring the DOJ to notify outlets within 90 days.
Additionally, the DOJ had proposed having its own guidelines explicitly apply not just to records that are sought from third-party communication providers, but from other holders of business records (such as credit card companies) as well. Schumer's amendment makes clear that the bill applies in those circumstances as well.
The bill sets up a legal process for approving the subpoenas that would guarantee consideration of the public's interest in protecting the freedom of the press. Prosecutors would have to convince a judge that the information at issue would "prevent or mitigate an act of terrorism or harm to national security." The Judiciary Committee will resume consideration of additional amendments next month, before a final vote to send the bill to the Senate floor.
"The legislation now makes crystal clear that the new DOJ guidelines should be the law of the land, and not be up to interpretation of the Attorney General depending on his or her views," said Schumer. "We need a strong media shield bill now more than ever. This is an important step forward that strengthens this bipartisan bill, and should give it even more momentum to clear the Committee and the Senate by the end of the year."
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