Sen. Chuck Schumer on Friday predicted that the Senate will pass his bill providing protections for journalists this year, calling it “very, very likely.”
Schumer said the bill has 60 votes already lined up behind it at the “Sources and Secrets” conference in New York on Friday.
“It’s very, very likely the Senate will pass a bill this year,” Schumer said. “Just about every Democrat is for the bill. … We have five Republicans on record being for it, three of them are co-sponsors.”
Schumer said in addition to the co-sponsors, Sens. Lindsey Graham (R-S.C.), Roy Blunt (R-Mo.) and Johnny Isakson (R-Ga.), Sens. Chuck Grassley (R-Iowa) and Orrin Hatch (R-Utah) voted to advance the bill from committee.
“We’ll get a few more Republicans, not many more, but we have the 60 votes,” Schumer said.
He said senators are “now making an effort … of putting some bipartisan bills on the floor that can actually pass” and that Senate Majority Leader Harry Reid has been “sympathetic” to Schumer’s requests to get the bill scheduled for debate and a vote on the floor.
(Also on POLITICO: Schumer’s Wall Street dilemma)
“I think we’re going to put a bill on the floor and pass it,” Schumer said.
The “Free Flow of Information Act” passed the Senate Judiciary Committee in September and has the support of the Obama administration, Schumer said, after some compromises about national security protections were made. It would strengthen protections for journalists in not being compelled to reveal their sources or confidential information by the government.
Schumer took the stage for the conference about the press and national security after a discussion between journalists Barton Gellman, Glenn Greenwald and Laura Poitras, the journalists who worked with Edward Snowden to publish his leaks about the National Security Agency.
The moderator, journalist Bill Keller, asked Schumer whether his shield law would help Greenwald, who lives in Brazil out of a concern he wouldn’t be protected in his work were he to return to the United States.
“Yes. … There would be a judge who would have to rule that bringing Glenn Greenwald forward to reveal his sources would protect the future security of the United States, that’s a lot better” than the current situation, Schumer said. “It’s probably not enough protections to satisfy him, for sure, but it’s certainly better than current law.”
Schumer said the bill would also be good for journalist James Risen, a New York Times journalist who has been in a legal battle to not have to testify in a case against a CIA agent accused of leaking information to Risen.
“Under our bill, Risen would have a day in court with an independent judge,” Schumer said.
The bill would implement a “balancing test” required before compelling journalists to reveal information and give them notice if their records are being reviewed by the government.
The legislation was introduced after the Obama administration — which has been criticized for aggressive actions against journalists — introduced new guidelines for the Justice Department to follow in dealing with journalists.
Schumer on Friday defended the administration’s efforts to improve guidelines, but said his bill is needed to fully protect the press.
“They did make an effort as you know,” Schumer said. “They put out some guidelines, which are not good enough, but an improvement over current law, although the great weakness in their guidelines is not their fault, there’s still no independent judge. … The guidelines, in the administration’s defense, is an improvement. It’s not as good as the bill, but the administration after our compromise on the national security is now for the bill.”
CORRECTION: An earlier version of this story featured an older list of the bill’s sponsors.
Schumer: Shield bill could pass
