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    National Security, the Press and the First Amendment

    Earlier today on ABC's "This Week with George Stephanopoulos," buried within the rhetoric of the current hot button emotional issue of immigration reform and English as a national language, the gloves truly came off on the issue of the First Amendment right of a reporter to free speech versus National Security.

    ---snippet---

    Gonzales also defended the NSA wiretapping program, insisting the Justice Department has not been reviewing the "content" in journalists' phone records without a court order. The attorney general reiterated that the rights of a free press cannot trump national security but added, "I understand very much the role the press plays in our society." When asked whether journalists should be prosecuted for publishing classified material, Gonzales answered, "It depends on the circumstances." …

    Continued from "This Week with George Stephanopoulos" ...

    "We have an obligation to make sure the people are protected."

    Regarding recent reports that the Justice Department has not been able to conduct a thorough review of the NSA surveillance program as directed by Congress, Gonzales said it would be "inappropriate" for him to comment, but he repeatedly defended the many decisions about what materials investigators are cleared to view.

    ABC News | By ED O'KEEFE | Alberto Gonzales: Build the Wall

    . . .

    In addition... The following snippet is from an AP report....

    Attorney general says reporters can be prosecuted for publishing classified leaks

    Posted 5/21/2006 10:53 AM ET

    WASHINGTON (AP) — Attorney General Alberto Gonzales said Sunday he believes journalists can be prosecuted for publishing classified information, citing an obligation to national security.

    The nation's top law enforcer also said the government will not hesitate to track telephone calls made by reporters as part of a criminal leak investigation, but officials would not do so routinely and randomly.

    "There are some statutes on the book which, if you read the language carefully, would seem to indicate that that is a possibility," Gonzales said, referring to prosecutions. "We have an obligation to enforce those laws. We have an obligation to ensure that our national security is protected." [[continues]]

    Houston Chronicle | AP | Reporters can be prosecuted | May 21, 2006

    Now -- the two specific questions that I present for discussion are:

    What are the specific federal statute(s) that Gonzales is referring to and exactly what do they read in relationship to what the Attorney General referred to as "criminal activity?"

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