At today's House Judiciary Committee hearing, Rep. Kelly Armstrong (R-ND) questioned Sharyl Attkisson about her reporting of the Fast and Furious and Benghazi scandals.
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NewsTranscript
00:00More round of questions before we break for the Prime Minister, so I'm going to recognize the
00:04gentleman from North Dakota. Thank you, Mr. Chairman. I don't think people go into investigative
00:09reporting to get rich. I think it's an incredibly important service that was just pointed, but I just
00:15want to react a little bit. I don't think being held in contempt, either civilly or criminally,
00:20is either A, a conspiracy theory, or B, part of an employment dispute. You're either going to be
00:27civilly held in contempt and fined until you disclose your source, or worse yet, you're going
00:31to be put in an 8x10 with bars on the window. That's what contempt means, for not disclosing
00:37a source. So, if there's been a more chilling effect on the right of the free pass and right
00:43for North Dakota citizens to be informed about what's going on, I'd like to know it. Ms. Heritage,
00:50you've been held in contempt. Do you feel like that's part of an employment dispute?
00:53I want to have complete respect for the legal process. My case is being litigated, but no,
00:58these are separate matters, Congressman. You know, I'm hopeful soon that the Senate will take up the
01:02PRESS Act and add a federal SHIELD law for reporters being compelled to reveal confidential
01:07sources. Ms. Atkinson, I am under the impression that reporters in most states have SHIELD law
01:12protection, but federal judges and courts are not bound by the same laws? I'm terribly sorry,
01:17I'm not familiar with the status of the states versus... I know in North Dakota, we have a
01:21SHIELD law, and in a lot of different states, they do. So, in 2011, you reported on the Obama...
01:27And I want to back up just a sec. We act like this is new stuff, but this has been going on
01:32for a long time. I mean, we've had a lot of talks about DOJ, Twitter, and Section 230,
01:38and liability, and immunity, and all of those things. But in 2011, you reported on the Obama
01:42administration's Operation Fast and Furious operation, in which ATF purposely allowed
01:47licensed firearm dealers to sell weapons to illegal straw buyers. Were confidential sources
01:53and information critical to informing the public about that scandal? Yes. Would you have been able
01:59to shed light on the federal government selling weapons, including grenade launchers and anti-aircraft
02:03weapons, to the Mexican drug cartels without guaranteeing confidentiality of your sources?
02:09It would have been tough. There would have been something to report, but not what we ended up
02:14reporting. And when you were reporting on the security lapses in the 2012 Benghazi embassy
02:20attack, do you think you would have been able to shed light on the federal government's failure
02:24to maintain embassy security without guaranteeing confidentiality of your sources? Some of it, yes,
02:29but some of it, no. Do you, like me, believe it's important for the American people to be
02:33informed of these things, along with waste, fraud, and abuse by the federal government,
02:37and we should do what we can to ensure robust media scrutiny of those government officials?
02:42Yes. Even if that includes members of Congress? Right. Does the status quo where sources need to
02:48depend on a reporter and their outlet's financial tolerance or physical tolerance for contempt
02:53punishment equate to a functional, sensible system? No, and one quick example. A lot of times,
03:02a source will end up going on the record, which is preferable, but you can't begin the conversation
03:07many times if you can't start out by telling him, as you begin to talk, that he's not going to be
03:14identified yet. Does the current system have a chilling effect on potential confidential sources
03:19and whistleblowers? Yes. If we pass the PRESS Act, you talked a little bit about the PRESS Act
03:24and where you think it's deficient and whatever, but you agree it would be helpful, at least. It
03:28seems like it would be helpful. You know, in the last minute and 30 seconds, I think we can
03:33deal with this. I think there's certain things that we have to recognize. I'm a former criminal
03:39defense attorney. Confidentiality with my clients is absolutely essential in order to deal with
03:44those things, and I think there are a lot of different similarities, but you have to be as
03:48mentally tough as anybody to be an investigative reporter, and we're sitting here right now talking
03:53about these things. At the same time, we got a letter from the DOJ saying that they can't release
03:59an audio tape after they've already given us the transcript from a computer where it was where it
04:05was tried to be erased but only found later because it would have a chilling effect on potential
04:11witnesses coming forward to talk about a crime. That's what the letter said, and at the same time,
04:17we have a DOJ going to investigative reporters saying, I know you guaranteed these people
04:24confidentiality to report against their government doing something bad against U.S. citizens,
04:28but I am going to force you to expose that, or I'm going to hold you in civil contempt,
04:34criminal contempt, or all of those things. Does that seem a little bit hypocritical to you,
04:37Ms. Atkinson? There are many things that seem to be double standard-ish, one way for them and
04:46another way for us. I mean, they're literally saying we can't release something because
04:52otherwise we won't ever be able to investigate anything again, which, by the way, is patently
04:56false. But also, at the same time, when they don't like something any of you all are writing,
05:00right, left, center, conservative, liberal, they say, I want to know who your source is.
05:05I get it. I do too, and I think it's very,
05:07very unfortunate. With that, I yield back. And I recognize my colleague.