The Washington Times: AP CEO calls Justice Department’s records seizure unconstitutional

The president and chief executive  officer of The Associated Press on Sunday  called the government’s secret  seizure of two months of reporters’ phone  records “unconstitutional”  and said the news cooperative had not ruled out  legal action against the  Justice  Department.

Gary Pruitt, in his first television   interviews since it was revealed the Justice Department subpoenaed phone   records of AP reporters and editors, said the move already has had a  chilling  effect on journalism. Mr. Pruitt said the  seizure has made sources  less willing to talk to AP journalists and, in the  long term, could  limit Americans’ information from all news outlets.

Mr. Pruitt told CBS“Face the  Nation” that the government has no business monitoring the AP’s  newsgathering activities.

“And  if they restrict that apparatus … the people of the United States  will  only know what the government wants them to know, and that’s not  what the  framers of the Constitution had in mind when they wrote the  First Amendment,” he said.

In a separate interview with the AP, Mr.  Pruitt said the news cooperative had not decided  its next move but had  not ruled out legal action against the government.

“It’s too early  to know if we’ll take legal action, but I can tell you we  are positively  displeased and we do feel that our constitutional rights have  been  violated,” he said.

“They’ve been secretive; they’ve been  overbroad and abusive — so much so  that taken together, they are  unconstitutional because they violate our First  Amendment rights,” he  added.

Senate Minority Leader Mitch  McConnell, Kentucky Republican, said the government needs to stop leaks by  whatever means necessary.

“This  is an investigation that needs to happen because national security   leaks, of course, can get our agents overseas killed,” he said.

Sen. John Cornyn, Texas Republican and a  member of the Judiciary Committee,  said the  government should focus on those who leak sensitive national security   matters and not on journalists who report on them. Mr.  Cornyn  said his committee should hold hearings on how the Justice  Department  obtained phone records from AP reporters and editors.

“What  confuses me is the focus on the press, who have a constitutional right  here, and we depend on the press to get to the bottom of so many issues  that  we, as individuals, cannot,” Mr. Cornyn  said.

Mr. Cornyn said the  Justice  Department’s actions were part of a pattern for President Obama’s  administration to quiet its critics.

“It’s a culture of cover-ups and intimidation that is giving the administration  so much trouble,” Mr. Cornyn said.

He  also renewed his call for Attorney General Eric  H. Holder Jr. to resign,  citing the contempt citation the House  of Representatives voted against  him last year for refusing to turn over  documents in a failed government  gun-smuggling sting.

White House senior adviser Dan  Pfeiffer said  the president “has complete faith in Attorney General Holder.” He also  insisted the White  House was not involved in the decision to seek AP  phone records.

“A cardinal rule is we don’t get involved in independent investigations — and  this is one of those,” Mr. Pfeiffer  said.

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