Mukasey tells Senate he opposes legislation providing a media shield

WASHINGTON — Michael Mukasey, President Bush's nominee for attorney general, told senators Thursday he's resistant to passing a law shielding reporters from being forced to reveal their sources, saying it would be much easier to fix internal Justice Department practice if need be.

"The system worked passably well up until now," Mukasey told the Senate Judiciary Committee, which approved legislation that would establish such a shield. The House overwhelmingly passed a similar bill last week, but President Bush said he would veto it.

Mukasey, a former federal judge who also has represented reporters as a defense lawyer, indicated he would side with Bush against any federal legislation.

"One thing about internal procedures is that if you need to change them they're relatively easy to change," he said at his confirmation hearing. "You can adjust the regulation, you can adjust the procedure, you can put more levels in. You can change standards. It becomes much harder when it's etched in stone in the form of legislation. And that is part of the reason for my unease."

His comments on the second day of confirmation hearings that have veered over myriad topics and Justice Department controversies under Alberto Gonzales, the last attorney general, who resigned in August.

Majority Democrats, aided by some Republicans, have urged passage of a media shield because they say it would protect reporters and government whistleblowers who reveal improper or illegal official activity. Fifty news outlets, including The Associated Press, support the legislation.

The Bush administration has issued a veto threat, saying that subpoenas for reporters are relatively rare and that a shield would make it harder to track down leakers of classified information.

Mukasey said that he has reservations about the legislation because it sets too high a legal threshold for prosecutors to meet to overcome the shield. Proving that the disclosure is needed to prevent an attack is difficult in advance, the nominee said Wednesday.

The measure also pending defines a journalist too broadly and might inadvertently protect, for example, bloggers who are also spies or terrorists, Mukasey said.

Sen. Arlen Specter, R-Pa., who supports the shield, asked Mukasey to submit his specific objections to the committee in writing. Mukasey agreed.

The exchange opened what was expected to the the final round of questioning of Mukasey. Later in the day, the panel was set to hear from witnesses that included former Attorney General Dick Thornburgh.