Senate Proceeding 07-29-08 on Jul 29th, 2008 :: 0:36:05 to 0:42:47
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0:13:37 to 0:36:05( Edit History Discussion )
Speech By: Pete Domenici

0:35:53 to 0:36:05( Edit History Discussion )

Pete Domenici: with an effort to proceed to another matter this past weekend and the senate rightly voted to reject it. yesterday afternoon, we again faced another attempt to multiply by the majority, to change the

0:36:05 to 0:36:18( Edit History Discussion )

Charles Schumer: top frik what we were on to another -- topic from what we were on to another topic. again the senate rightly defeated that effort and i hope we continue to defeat efforts to move -- to move away

0:36:05 to 0:42:47( Edit History Discussion )
Speech By: Charles Schumer

0:36:18 to 0:36:32( Edit History Discussion )

Charles Schumer: from the number-one domestic issue facing the american people. mr. president, the issue deserves our undivided attention attention. this is -- there is nothing to be afraid of here. we have ample

0:36:32 to 0:36:40( Edit History Discussion )

Charles Schumer: time to write a good bill that makes real progress and provides real relief at the pump for the american people. with, that i thank the senate and i yield the floor. mr. schumer: madam president?

0:36:40 to 0:36:55( Edit History Discussion )

Charles Schumer: the presid ing officer: the se tnator from new york. mr. schumer: madam president, i will be brief, so -- i know senator grassley has been waiting as well so i may not speak very long so you may

0:36:55 to 0:37:07( Edit History Discussion )

Charles Schumer: let him know. mr. president, i rise to speak about s. 2035, the free flow of information act, a bill that senator specter and i have spent a lot of time and work on and is cosponsored by many

0:37:07 to 0:37:16( Edit History Discussion )

Charles Schumer: in the house, namely senators dodd and lugar, who had a previous bill. and of course our chair, senator leahy, who has led the charge on so many different issues and has been very helpful in moving

0:37:16 to 0:37:29( Edit History Discussion )

Charles Schumer: this legislation forward. i'm going to speak tomorrow when we address the bill, but i wanted to let my colleagues know of a substitute amendment that senator specter, i and others will introduce because

0:37:29 to 0:37:42( Edit History Discussion )

Charles Schumer: it will modify the bill and meet some of the objections. but first let me just say the bill is very much needed. we have to find the right balance between the free flow of information and the ability

0:37:42 to 0:37:58( Edit History Discussion )

Charles Schumer: of reporters to get that information from those in government and at the same time not be so far in that direction that we allow people to either break the law or harm the security of the united states.

0:37:58 to 0:38:14( Edit History Discussion )

Charles Schumer: and this has beenn much more difficult, madam president, than it appears to achieve but we're very close. the bill codifies and standardized existing tests used by federal courts so that journalists, say,

0:38:14 to 0:38:25( Edit History Discussion )

Charles Schumer: based in illinois, are not subject to different treatment than journalists in california. it certain allows whistle-blowers to be protected when they tell -- tell somebody about something untoward. we certainly

0:38:25 to 0:38:38( Edit History Discussion )

Charles Schumer: don't want, if a test is being fixed in the f.d.a. because a drug company wants it, to prevent some public servant in the government from letting a reporter know to prevent harm. but at the same time,

0:38:38 to 0:38:50( Edit History Discussion )

Charles Schumer: there is no absolute privilege and there are exceptions in terms of harming national security acts of terrorism and other matters such as kidnapping or murder. and again, i will talk about this

0:38:50 to 0:39:03( Edit History Discussion )

Charles Schumer: bill at some length tomorrow but diept to go over some of the changes -- but i do want to go over some of the changes we have made so my colleagues rg aware of them before we vote. as i said, senator

0:39:03 to 0:39:16( Edit History Discussion )

Charles Schumer: specter and i have put together the substitute which, if we pass the motion to proceed -- and i hope we will -- we will immediately introduce and that will be the base bill that we will discuss. and

0:39:16 to 0:39:26( Edit History Discussion )

Charles Schumer: let me talk about the changes made. first. the intelligence community had dhearn it would be too difficult to prosecute leaks of classified information. the new bill moves consideration of leaks of classified

0:39:26 to 0:39:40( Edit History Discussion )

Charles Schumer: information from seconds 2 of the bill to section 5 and that removes two major hurdles for federal prosecutors. under the new law, prosecutors will not have to prove any longer that they have exhausted all other

0:39:40 to 0:39:53( Edit History Discussion )

Charles Schumer: options for finding the information or that the information is essential to their investigation. now, these hurdles still remain in the department of justice's own internal guidelines but the bill is not as strict

0:39:53 to 0:40:09( Edit History Discussion )

Charles Schumer: in that regard. the bill also no longer requires that the person who liked the information was authorized to have it. this clarifies that the act will have zero impact on intelligence gathering under

0:40:09 to 0:40:21( Edit History Discussion )

Charles Schumer: the foreign intelligence assistance act. fisa stays. this bill does not affect fis. their, the substitute provides that sensitive information are not be -- will not be disclosed in open court. there was worry

0:40:21 to 0:40:32( Edit History Discussion )

Charles Schumer: that under the whistle-blower law that that would happen. we clearly make it clear that security has to come first but they there also has to be a balancing test. first, the definition of a covered person,

0:40:32 to 0:40:46( Edit History Discussion )

Charles Schumer: and this has been one of the two areas of some degree of controversy, has been narrowed to assure it that it protects only legitimate journalists. the definition uses the court standard first used in

0:40:46 to 0:40:58( Edit History Discussion )

Charles Schumer: the second circuit case of vaughan into low versus vaughan into low to determine who qualifies as a covered person. someone who just blogs occasionally is not going to get here. of course, someone

0:40:58 to 0:41:10( Edit History Discussion )

Charles Schumer: on a blog who is a regular journalist but happens to use the blog as a medium will be protected and that's thousand ought to be. ify, the substitute creates an expedited appeals process, ensuring that

0:41:10 to 0:41:23( Edit History Discussion )

Charles Schumer: litigation, regarding whether the protection applies will be resolved as quickly as possible. in section, we expedite the appeals process. so these are the changes made and they make them better. the bill

0:41:23 to 0:41:36( Edit History Discussion )

Charles Schumer: has the support 69 -- support of the journalistic community t. has the support of 4 sitting -- community. it has the support of 41 sitting states attorney generals, both republicans and democrats.

0:41:36 to 0:41:49( Edit History Discussion )

Charles Schumer: it is one of those rare bipartisan moments. it has the support of senator obama and senator mccain. and, of course, passed out of the judiciary committee 15-4. a similar bill passes out of the house

0:41:49 to 0:42:03( Edit History Discussion )

Charles Schumer: by 398-21. and obviously it's been endorsed. but in this town, both "the washington post," "thewashington post," a more liberal paper, and "the washington times," a more conservative paper, have help

0:42:03 to 0:42:13( Edit History Discussion )

Charles Schumer: dorsed t. so this bill has taken lots of time and lofts work to achieve the careful balance. there is a rare moment, a broad consensus and i hope we can move this bill forward tomorrow. madam president,

0:42:13 to 0:42:29( Edit History Discussion )

Charles Schumer: i will speak at greater length twhoam we're on the bill but i wanted to let me colleagues know of this changed. this substitute changes which le we have will publish in the record this evening so people

0:42:29 to 0:42:47( Edit History Discussion )

Charles Schumer: will have a chance to look at it. with that, madam president, i yield the floor so that my colleague from iowa can speak. the presiding officer: m grassley: madam president? the presiding officer: the

0:42:47 to 0:43:06( Edit History Discussion )

Chuck Grassley: senator from iowa. mr. grassley: two days ago i came to the floor to talk about tax policy and the history of tax policy. i come to follow up that speech two of days ago to talk about the recent history

0:42:47 to 0:50:52( Edit History Discussion )
Speech By: Chuck Grassley