June 30, 2008
AG McDonnell on the federal shield law.
Attorney General Bob McDonnell's office sent me an e-mail responding to questions about the federal shield law. It reads to me like someone desperately trying to play both sides of the issue as he runs for governor. Take from it what you will.
To: Christian Trejbal
Subject: Statement about NAAG letter
Christian- sorry for the delay, as David has explained I’m sure, this is a busy week here. Below is a statement from our office you can use, you can just attribute it to me. I hope this is helpful.
“The Attorney General signs on to NAAG letters that directly affect the Commonwealth of Virginia and where we will potentially make a difference in Congress.
He is hesitant to sign-on to create new federal laws when dealing with different interpretations by federal courts.
The Attorney General strongly supports the underlying policy of the proposed legislation, that an informed citizenry and the presentation of news information are vital to a free society. He does not support the use of coercion by courts in making journalists reveal sources and confidential information.
We have a qualified privilege established in Virginia law and that privilege is also recognized by the federal courts within Virginia and throughout the United States Court of Appeals for the Fourth Circuit. The Attorney General supports that privilege and believes reporters in Virginia are well-protected.
There are portions of the proposed federal statute which actually are less clear than the current law in Virginia. Furthermore, this proposed law has a very broad definition of persons covered by the privilege, and may require the government to disclose sensitive information in meeting its burden under the balancing of interests test outlined in the bill. It is for these reasons that the Attorney General did not sign the letter.”
J. Tucker Martin
Director of Communications
Virginia Attorney General Bob McDonnell
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