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During a Senate Judiciary Committee hearing yesterday things got a little snarky between members and a senior Justice Department official, Matthew Friedrich. Friedrich was called to the session to discuss, among other issues, suggestions that reporters can be prosecuted for reporting classified information. In addition to some pretty huffy back-and-forth with committee members, Friedrich’s statements led committee chairman Arlen Specter (R, Pa.) to suggest that the Senate would take up the issue of a shield law.

While Friedrich reiterated Attorney General Alberto Gonzales’ statements that journalists – and anyone else -- could be prosecuted under the 1917 Espionage Act, committee Specter noted that such threats were “an invitation to the Congress to legislate on the subject because we do decide whether criminal prosecutions will be brought. That is clearly our authority and we're now on notice as to what we need to consider. Clearly, the ball is in our court,” The New York Sun reported.

Mr. Specter grew irritated when Mr. Friedrich declined to say whether prosecutors have actually considered indicting journalists for their role in publishing classified information. "I don't even understand your point in declining to answer whether the Department of Justice has ever considered it," the senator said.

When Mr. Friedrich began to allude to historical examples, Mr. Specter shot back, "I'm not interested in history this morning. I'm interested in current events."

Snap!!

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