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Justice Dept. Unveils New Guidelines for US News Leak Probes

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In this Dec. 1, 2014 file photo, Attorney General Eric Holder speaks at Ebenezer Baptist Church in Atlanta.  The Justice Department on Wednesday announced revised guidelines for obtaining records from the news media during leak investigations, removing language that news organizations said was ambiguous and requiring additional consultation before a journalist can be subpoenaed. (AP Photo/David Goldman, File)

In this Dec. 1, 2014 file photo, Attorney General Eric Holder speaks at Ebenezer Baptist Church in Atlanta. The Justice Department on Wednesday announced revised guidelines for obtaining records from the news media during leak investigations, removing language that news organizations said was ambiguous and requiring additional consultation before a journalist can be subpoenaed. (AP Photo/David Goldman, File)

ERIC TUCKER, Associated Press

WASHINGTON (AP) — The Justice Department on Wednesday announced revised guidelines for obtaining records from the news media during criminal leak investigations, removing language that news organizations said was ambiguous and requiring additional levels of review before a journalist can be subpoenaed.

The updated policy revises protocols announced last year amid outrage among news organizations over Obama administration tactics.

The new guidelines come just days after the Justice Department formally abandoned a years-long effort to compel a New York Times reporter to testify in the trial of a former CIA officer accused of disclosing classified information. The actions, taken together, are signs of a more modulated approach for an administration long criticized for its aggressive handling of leak cases.

“These revised guidelines strike an appropriate balance between law enforcement’s need to protect the American people and the news media’s role in ensuring the free flow of information,” Attorney General Eric Holder said Wednesday.

The Justice Department began reviewing its own longstanding guidelines in 2013 and last February issued new rules designed to give news organizations an opportunity to challenge subpoenas or search warrants in federal court. But news organizations expressed concern that the protections applied only to journalists involved in “ordinary newsgathering activities,” language they said was vague and could be exploited by zealous prosecutors.

That provision has been deleted in the new guidelines, which also require the attorney general in most instances to authorize subpoenas issued for the media and for the Justice Department’s criminal division to also be consulted.

“We are very pleased the Justice Department took our concerns seriously and implemented changes that will strengthen the protection of journalists for years to come, with the public being the ultimate beneficiary,” said AP President and CEO Gary Pruitt.

AP General Counsel Karen Kaiser praised the changes for eliminating “potential ambiguity of what constitutes newsgathering and help provide consistency in how the guidelines are interpreted across investigations and administrations.”

The guidelines could “play an even more important role” now in protecting source confidentiality since the Supreme Court last year passed up a chance to provide clarity on the issue and Congress has yet to enact a federal reporter shield law, said Bruce Brown, executive director of the Reporters Committee for Freedom of the Press.

“To have a strong policy like this that presumes so much in favor of reporter/source confidentiality is a very significant turn of events,” he said.

The Obama administration has been criticized for bringing more leak cases than all predecessors combined, with media organizations particularly critical of maneuvers they said were needlessly aggressive and intrusive into newsgathering operations.

Under Holder, the department secretly subpoenaed telephone records from Associated Press reporters and editors during an investigation into a 2012 story about a foiled terror plot, and obtained a search warrant for the emails of a Fox News journalist as part of another probe.

But in the last year, the twilight of Holder’s six-year tenure as attorney general, the department has shown signs of softening its stance.

Holder, for one, has publicly expressed regret for the actions in the Fox News case and has repeatedly said no journalist would go to jail under his watch for doing his or her job.

Last month, the Justice Department said it would no longer try to force New York Times reporter James Risen to reveal his sources in the trial of ex-CIA officer Jeffrey Sterling, which opened this week in Virginia. On Monday, prosecutors formally announced that they were abandoning efforts to seek any testimony from him after they said Risen made it clear that he “will not answer questions that go to the heart of the case.”

Lucy Dalglish, dean of the Philip Merrill College of Journalism at the University of Maryland, said any shift in Justice Department practice should not be mistaken as a newfound sign of benevolence for the news media. Instead, federal prosecutors are aware that a subpoena to a journalist inevitably causes prolonged court fights and a public-relations bruising, and so have looked for other ways to build criminal cases against leakers.

“It’s time-consuming, it’s expensive, it takes your attention away from what you’re trying to accomplish,” she said of going after journalists “And I believe that, in recent years, they have become more confident that they can handle these cases without cooperation from journalists.”

But, she added, “If they didn’t think they had the tools to pull off these investigations, they wouldn’t be giving the media a break.”

___

Follow Eric Tucker on Twitter at http://www.twitter.com/etuckerAP

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Activism

S.F. Black Leaders Rally to Protest, Discuss ‘Epidemic’ of Racial Slurs Against Black Students in SF Public School System

Parents at the meeting spoke of their children as no longer feeling safe in school because of bullying and discrimination. Parents also said that reported incidents such as racial slurs and intimidation are not dealt with to their satisfaction and feel ignored. 

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Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church. Photo courtesy Third Baptist Church.
Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church. Photo courtesy Third Baptist Church.

By Carla Thomas

San Francisco’s Third Baptist Church hosted a rally and meeting Sunday to discuss hatred toward African American students of the San Francisco Unified School District (SFUSD).

Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church, along with leadership from local civil rights groups, the city’s faith-based community and Black community leadership convened at the church.

“There has been an epidemic of racial slurs and mistreatment of Black children in our public schools in the city,” said Brown. “This will not be tolerated.”

According to civil rights advocate Mattie Scott, students from elementary to high school have reported an extraordinary amount of racial slurs directed at them.

“There is a surge of overt racism in the schools, and our children should not be subjected to this,” said Scott. “Students are in school to learn, develop, and grow, not be hated on,” said Scott. “The parents of the children feel they have not received the support necessary to protect their children.”

Attendees were briefed last Friday in a meeting with SFUSD Superintendent Dr. Matt Wayne.

SFUSD states that their policies protect children and they are not at liberty to publicly discuss the issues to protect the children’s privacy.

Parents at the meeting spoke of their children as no longer feeling safe in school because of bullying and discrimination. Parents also said that reported incidents such as racial slurs and intimidation are not dealt with to their satisfaction and feel ignored.

Some parents said they have removed their students from school while other parents and community leaders called on the removal of the SFUSD superintendent, the firing of certain school principals and the need for more supportive school board members.

Community advocates discussed boycotting the schools and creating Freedom Schools led by Black leaders and educators, reassuring parents that their child’s wellbeing and education are the highest priority and youth are not to be disrupted by racism or policies that don’t support them.

Virginia Marshall, chair of the San Francisco NAACP’s education committee, offered encouragement to the parents and students in attendance while also announcing an upcoming May 14 school board meeting to demand accountability over their mistreatment.

“I’m urging anyone that cares about our students to pack the May 14 school board meeting,” said Marshall.

This resource was supported in whole or in part by funding provided by the State of California, administered by the California State Library via California Black Media as part of the Stop the Hate Program. The program is supported by partnership with California Department of Social Services and the California Commission on Asian and Pacific Islander American Affairs as part of the Stop the Hate program. To report a hate incident or hate crime and get support, go to CA vs Hate.

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Alameda County

Board of Supervisors Accepts Certification of Signatures, Will Schedule Recall Election May 14

The Alameda Board of Supervisors unanimously accepted the certification of the results of the valid signatures submitted for the recall of District Attorney Pamela Price on Tuesday evening. The Board will set the election date at a special meeting on May 14. Before the meeting, recall proponents and opponents held separate press conferences to plead their cases to the Board and residents of Alameda County.

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District Attorney Pamela Price ‘Protect the Win’ supporters held signs outside of the County Administration Office to ask the Board of Supervisors to not schedule a special recall election. Photo by Magaly Muñoz.
District Attorney Pamela Price ‘Protect the Win’ supporters held signs outside of the County Administration Office to ask the Board of Supervisors to not schedule a special recall election. Photo by Magaly Muñoz.

By Magaly Muñoz

The Alameda Board of Supervisors unanimously accepted the certification of the results of the valid signatures submitted for the recall of District Attorney Pamela Price on Tuesday evening. The Board will set the election date at a special meeting on May 14.

Before the meeting, recall proponents and opponents held separate press conferences to plead their cases to the Board and residents of Alameda County.

Price, who up until this point has made little public comment about the recall, held her press conference in Jack London to announce that the California Fair Political Practices Commission has opened an investigation into the finances of the Save Alameda For Everyone (SAFE) recall campaign.

The political action committee (PAC), Reviving the Bay Area, has been the largest contributor to the SAFE organization and has allegedly donated over half a million dollars to the recall efforts.

“Between September 2023 and November 2023, [Revive the Bay Area] donated approximately $578,000 to SAFE without complying with the laws that govern all political committees in California,” Price said.

Price accused the recall campaigns of using irregular signature-gathering processes, such as paying gatherers per signature, and using misleading information to get people to sign their petitions.

SAFE held their own press conference outside of the Alameda County Administration Building at 1221 Oak St. in Oakland, once again calling for the Board to certify their signatures and set a date for the recall election.

Their press conference turned contentious quickly as Price’s “Protect the Win” supporters attempted to yell over the SAFE staff and volunteers. “Stop scapegoating Price” and “Recall Price” chants went on for several moments at a time during this event.

Families of victims urged the Board to think of their loved ones whose lives are worth much more than the millions of dollars that many opponents of the recall say is too much to spend on a special election.

The Registrar of Voters (ROV) estimates the special election could cost anywhere from $15 to $20 million, an amount that is not in their budget.

The Board was presented with several options on when and how to conduct the recall election. They have to set a date no less than 88 days or more than 125 days after May 14, meaning the date could fall anywhere from late July to September.

But the County charter also states that if a general election takes place within 180 days of their scheduling deadline, the Board could choose to use the November ballot as a way to consolidate the two events.

In the event that Price is recalled, the Supervisors would appoint someone to fill the vacancy, though neither the County nor the California charter specifies how long they would have to pick a replacement.

The appointee would serve as district attorney spot until the next election in 2026. Afterwards, either they, if they run and win, or a newly elected candidate would serve the rest of Price’s six-year term until 2029. Price is unique as the only district attorney wo serves a term of six years.

The Board acknowledged that they knew last fall that this recall would come with its own set of complications when Measure B, which changed the local recall charter to match California’s, was first brought to their consideration.

Supervisors Nate Miley and David Haubert opposed discussing the measure, stating that the public would think that the Board was attempting to influence the recall campaign that had already taken off months prior.

“I think ultimately this feels like it’s going to end up in court, one way or the other, depending on who files what,” Haubert said.

Price’s legal team told the Post that the district attorney intended to consider all legal options should the recall election take place.

Miley stated that while he was in support of the amendment to the charter, he did not think it was right to schedule it for the March ballot as it would ultimately cause confusion for everyone involved.

“It has produced some legal entanglements that I think, potentially, could’ve been avoided,” Miley said.

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Commentary

Opinion: Lessons for Current Student Protesters From a San Francisco State Strike Veteran

How the nation’s first College of Ethnic studies came about, bringing together Latino, African American and Asian American disciplines may offer some clues as to how to ease the current turmoil on American college campuses over the Israel-Hamas war. After the deadline passed to end the Columbia University encampment by 2 p.m. Monday, student protesters blockaded and occupied Hamilton Hall in a symbolic move early Tuesday morning. Protesters did the same in 1968.

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iStock Photo
iStock Photo

By Emil Guillermo

How the nation’s first College of Ethnic studies came about, bringing together Latino, African American and Asian American disciplines may offer some clues as to how to ease the current turmoil on American college campuses over the Israel-Hamas war.

After the deadline passed to end the Columbia University encampment by 2 p.m. Monday, student protesters blockaded and occupied Hamilton Hall in a symbolic move early Tuesday morning.

Protesters did the same in 1968.

That made me think of San Francisco State University, 1968.

The news was filled with call backs to practically every student protest in the past six decades as arrests mounted into hundreds on nearly two dozen campuses around the country.

In 1970, the protests at Kent State were over the Vietnam War. Ohio National Guardsmen came in, opened fire, and killed four students.

Less than two weeks later that year, civil rights activists outside a dormitory at Jackson State were confronted by armed police. Two African American students were killed, twelve injured.

But again, I didn’t hear anyone mention San Francisco State University, 1968.

That protest addressed all the issues of the day and more. The student strike at SFSU was against the Vietnam war.

That final goal was eventually achieved, but there was violence, sparked mostly by “outside agitators,” who were confronted by police.

“People used the term ‘off the pigs’ but it was more rally rhetoric than a call to action (to actually kill police),” said Daniel Phil Gonzales, who was one of the strikers in 1968.

Gonzales, known as the go-to resource among Filipino American scholars for decades, went on to teach at what was the positive outcome of the strike, San Francisco State University’s College of Ethnic Studies. It’s believed to be the first of its kind in the nation. Gonzales recently retired after more than 50 years as professor.

As for today’s protests, Gonzales is dismayed that the students have constantly dealt with charges of antisemitism.

“It stymies conversation and encourages further polarization and the possibility of violent confrontation,” he said. “You’re going to be labeled pro-Hamas or pro-terrorist.”

That’s happening now. But we forget we are dealing not with Hamas proxies. We are dealing with students.

Gonzales said that was a key lesson at SF State’s strike. The main coalition driving the strike was aided by self-policing from inside of the movement. “That’s very difficult to maintain. Once you start this kind of activity, you don’t know who’s going to join,” he said.

Gonzales believes that in the current situation, there is a patch of humanity, common ground, where one can be both pro-Palestine and pro-Israel. He said it’s made difficult if you stand against the belligerent policies of Benjamin Netanyahu. In that case, you’re likely to be labeled antisemitic.

Despite that, Gonzales is in solidarity with the protesters and the people of Gaza, generally. Not Hamas. And he sees how most of the young people protesting are in shock at what he called the “duration of the absolute inhumane kind of persecution and prosecution of the Palestinians carried out by the Israeli government.”

As a survivor of campus protest decades ago, Gonzales offered some advice to the student protesters of 2024.

“You have to have a definable goal, but right now the path to that goal is unclear,” he said.

About the Author

Emil Guillermo is a journalist and commentator. A veteran newsman in TV and print, he is a former host of NPR’s “All Things Considered.”

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