Affichage des articles dont le libellé est Department. Afficher tous les articles
Affichage des articles dont le libellé est Department. Afficher tous les articles

mardi 8 octobre 2013

Reporters groups offered cautious praise for new journalism in the Department of Justice guidelines


(Adds reaction of reporters, groups of editors)

By Lawrence Hurley

WASHINGTON, July 12 (Reuters) - the Department of Justice of United States on Friday proposed to limit the ability of prosecutors to seize the records of reporters to investigate leaks to the media, after the complaints were violated rights of journalists in recent high-profile cases.

A revised set of guidelines proposed by the Department said that he is would not ask raid against journalists carrying out "ordinary news gathering activities."

In another change, the Department in the majority of cases notified news organizations in advance if you look for a subpoena to obtain phone records.

The changes are contained in a report that the Department prepared at the request of President Barack Obama and that was given to the President by Attorney General Eric Holder Friday.

The Committee of reporters for the freedom of the press and the Newspaper Association of America praised the changes, but both said they fell into what was needed.

"We continue to believe that an impartial judge should be involved when there is a demand for records of a reporter, because so many important rights depend on the possibility of proving the need for the Government's records", said the Committee of reporters in a statement sent by e-mail.

NAA asked for a federal law to shield, which will also require a review of federal judge any request for information from the confidential source.

Two cases prompted debate this year over whether the Justice Department had excess of zeal in the investigation of leaks of Government and it had violated the rights of freedom of expression.

In one, prosecutors obtained a search order of email correspondent of Fox News ' James Rosen. He was named "co-conspirator" in a federal leak probe with its reports on North Korea.

On the other hand, the Department of Justice seized phone records from of Associated Press without prior notice as part of a probe in leak on a plot of 2012 based on Yemen to bomb an aircraft of the United States.

Erin Madigan White, a spokeswoman for the AP, said that the description of the guidelines offered by the Department "indicates that it will result in significant additional protection for journalists". A Fox spokeswoman had no immediate comment.

One of the proposed changes would require national intelligence director certify that a leak threatens national security until you can start an investigation into the unauthorized disclosure.

Another would create a role for the director of the Department of public relations and privacy and civil liberties Officer review of decisions relating to journalists.

The changes will enter into force "almost immediately," a Department of Justice, the official said, but it was not immediately clear exactly when it would be.

'COMMITTED'

Holder said in a statement that the Department was "firmly committed to ensuring the security of our nation and protect Americans, while at the same time safeguard freedom of the press".

Matt Lehrich, a White House spokesman, said the President believes that the report was "an important step to finding a balance between occupying dangerous leaks of national security information classified and protect the rights of journalists to freely gather and report the news".

David Anderson, an expert in media law at the University of Texas at Austin, said that a "substantial difference" would make the changes because they would have attorneys who want the media records to "jump through a few hoops" to get them.

The change in the order of search warrant policy means that prosecutors would face a "top loading" if they sought a warrant to gain access to the work of a reporter under a law known as the law of privacy protection, said the official of the Department of Justice.

Would try in the future, the Department of Justice not to orders in relation to reporters "If the purpose is the investigation of a person who is not a member of the media," said the report.

Under the previous policy on notifying the media of citation requests, the Department had a presumption against such a move. Notice shall be given, unless prosecutors can show that it would be "presents a clear and substantial threat to the integrity of the investigation," the report says.

The Attorney general would have to sign such a find. Previously, he was Chief of the criminal Division.

The Department had gone as far as it could go into the legislation in force in their efforts to protect journalists, Holder said. A law on coat of arms of proposed media, which Obama has said he supports, would go further, Holder said.

As part of the review process, holder met with representatives of several media organizations, including Reuters.

Holder said prosecutors followed all laws and guidelines in recent cases. Personally authorized the searches of records of Fox News, while his Deputy, James Cole, authorized the search of records from the Associated Press.

The existing guidelines of the Department of Justice allow searches in rare circumstances, usually with notice to the affected news organization.

In the case of Associated Press, researchers focused on how reporters learned about us in Yemen operation to thwart a plot to bomb a passenger plane, government officials have said. A history of AP in may 2012 describes the plot. The AP reported that they delayed publishing the story at the request of government officials until security concerns were dispelled.

However, U.S. officials have said that the leak compromised an agent of United States trying to undermine the Group's Yemen with Al Qaeda in the Arabian peninsula.

In the case of Fox, Rosen, it was processed, reported secrets views of intelligence officers of the United States on North Korea. The Justice Department is prosecuting Stephen Kim, a former State Department contract analyst, to filter information to Rosen. (Additional reporting by Steve Holland and Diane Bartz; Edited by Howard Goller, David Storey and Eric Walsh)

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mardi 17 septembre 2013

Group Pushes Department Of Education To Get Tougher On Colleges Mishandling Sexual Misconduct

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lundi 1 juillet 2013

New Orleans Prison Reform: U.S. Justice Department, City Sheriff Reach Orleans Parish Prison Pact

AppId is over the quota
AppId is over the quota
New Orleans Prison Reform Orleans Parish Sheriff Marlin Gusman speaks at a news conference at a construction site for new jail facilities in New Orleans, Thursday, March 28, 2013.

NEW ORLEANS -- Citing a history of inmate deaths, sexual assaults, beatings, stabbings and poor medical care at the New Orleans jail, a federal judge on Thursday approved an agreement between the U.S. Justice Department and the city's sheriff aimed at reforming the notoriously dangerous lockup.

In approving the agreement, U.S. District Judge Lance Africk rejected efforts by Mayor Mitch Landrieu's administration to squelch the pact. Landrieu has said mismanagement by Orleans Parish Sheriff Marlin Gusman is at the heart of the problems at the Orleans Parish Prison, and that the potentially expensive agreement could affect public safety by forcing the financially strapped city to cut services and even lay off police officers.

"The Court is well aware of New Orleans' high homicide rate and budgetary constraints, but the evidence shows that violent crime is endemic within OPP as well," Africk wrote. "OPP inmates, and particularly inmates with mental health issues, leave the facility more damaged, and perhaps more dangerous, than when they arrived."

Africk also said that nobody knows how much the consent decree will cost. Financial issues are to be discussed at a hearing next week.

His ruling came weeks after a contentious hearing in which the city's accusations of mismanagement by Gusman included release of an inmate-made video showing brazen drug use, gambling, beer drinking and the brandishing of a loaded handgun in a cell in a now-closed part of the jail complex. Inmates testified about sexual assaults and beatings at the hands of guards or other inmates. Prison experts said treatment for mental or physical conditions was badly lacking and that violent inmates were often mixed in with vulnerable ones.

"The Court finds that the proposed consent judgment is the only way to overcome the years of stagnation that have permitted OPP to remain an indelible stain on the community, and it will ensure that OPP inmates are treated in a manner that does not offend contemporary notions of human decency," Africk wrote.

The agreement, known as a consent decree, calls for Gusman to provide adequate medical and mental health care and overhaul policies on use of force and rape prevention, among other reforms that are expected to require more money for personnel. The sheriff, even while downplaying problems at the jail, said the agreement will aid reform, and he said the city inadequately funds the jail.

The agreement was the result of a lawsuit filed by the Southern Poverty Law Center on behalf of inmates in April of last year. The Justice Department later intervened in the class-action suit. The announcement of the consent decree in December raised immediate concern from city officials.

Months earlier, Landrieu's administration had reached a long-sought agreement with the Justice Department for reforms at the New Orleans Police Department, plagued by years of allegations of brutality and biased policing. Landrieu hailed that agreement as a needed reform in July 2012. But, by January he was trying to put the brakes on it, saying the city could be forced into painful personnel or service cuts if it's forced to fund the police pact and the separate jail reform consent decree.

U.S. District Judge Susie Morgan approved the police pact despite the city's objections.

The police reforms could cost in the neighborhood of $50 million over the coming years. In opposing the separate jail agreement, the Landrieu administration cites court filings indicating it could add $22 million annually to the $30.5 million the city already turns over to Gusman.

Africk's ruling was the second legal setback for Landrieu this week in the battles over criminal justice reform. On Wednesday, a federal appeals court refused to delay implementation of the police agreement pending the city's appeal.

In a related development Friday, the city's inspector general released a report calling for reforms in jail funding, touching on issues likely to be discussed in court next week. The report was critical of some Sheriff's Office accounting.

"OPSO aggregated both revenues and expenditures into categories that did not correspond to specific revenue sources or to Jail expenditures, which made it impossible to connect the City's Jail funding to Jail services and operations," the report from Inspector General Ed Quatrevaux said. "As a result, inspectors were unable to determine whether City monies allocated to OPSO in 2011 appropriately funded only the facilities and services the City was obligated to fund ...."

The report also compared spending on the Orleans Parish Prison to a comparable jail in Louisville, Ky.

"The benchmark analysis revealed that in 2011 New Orleans's Jail appeared to be adequately funded when compared to the benchmark jail and that OPSO expenditures in total and in certain categories were significantly greater than those for the Louisville Metro Department of Corrections."

Landrieu seized on that report in a statement about Africk's ruling, and he repeated his contention that Gusman should no longer run the jail. "The only way to fix the conditions and operations at the jail is to put a federal receiver in place that will run a safe and secure jail in a financially responsible way," Landrieu said.

Gusman, the Justice Department and the SPLC all hailed the agreement.

"Today's ruling enhances the possibility that the OPSO will be properly funded after years of delays," Gusman's statement said. He did not immediately address the IG report.

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