Press corps' representatives call on Justice Department to explain how "this unparalleled use of your investigative power is constitutionally consistent."


WASHINGTON — A coalition of journalists who represent the 7,000 accredited members of the congressional press corps sent a letter Wednesday to Deputy Attorney General James Cole to express "deep concern" over the Justice Department obtaining phone records from a press gallery phone line in the U.S. Capitol.

"Your agency has not provided adequate reason for this disconcerting action," wrote the chairmen of the boards that represent journalists divided among the four press galleries located in the Capitol for daily, periodical, radio and television reporters as well as photographers.

The representatives further called on Cole to respond with an explanation on how "this unparalleled use of your investigative power is constitutionally consistent."

Attorney General Eric Holder, who recused himself from the leak investigation, told the House Judiciary Committee on Wednesday that Cole authorized the subpoena for the Associated Press' phone records.

"The department is reviewing the letter," said Justice Department spokeswoman Nanda Chitre.

Last week, the Associated Press was notified that the Justice Department had seized the phone records of more than 20 phone lines assigned to the organization, including a phone line inside the House Daily Press Gallery in the Capitol.

The government has not said why it sought the phone records, but federal officials have previously said there is an ongoing investigation into who may have leaked information related to a May 2012 AP story about a foiled terrorist plot in Yemen.

News organizations with permanent desk space in the Capitol have private phone lines that are not paid for by the federal government. The distinction is important because phone lines owned and operated by the legislative branch, such as a lawmaker's personal office line, have stronger legal protections.

Lawmakers expressed outrage this week over the Justice Department's decision to target reporters' phone records, although doing so is legal.

"I have trouble defending what the Justice Department did in looking at the AP," said Senate Majority Leader Harry Reid, D-Nev., "I don't know who did it or why it was done, but it's inexcusable, and there's no way to justify it." Reid pledged to look into potential legislation "to secure freedom of the press."

House Minority Whip Steny Hoyer, D-Md., echoed that concern, calling for the House of Representatives to further examine the subpoena and whether it was appropriate. "The House needs to look at this. We need to find out exactly what happened," he said.

The White House on Wednesday asked Sen. Charles Schumer, D-N.Y., to reintroduce a proposed media shield law to enhance reporters' legal protections in news gathering. However, it is not clear whether the media shield law would have prevented the Justice Department from obtaining the AP's phone records from the Capitol or elsewhere.

In their Wednesday letter, the representatives of the press galleries voiced concern that the Justice Department's actions "jeopardize the relationship between reporters and anonymous sources" and asserted the press "must be secure in its ability to conduct its business within space provided solely for that business."

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