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News groups complain about gov’t rules on leaks

ERIC TUCKER
Associated Press

WASHINGTON (AP) — Months after the Justice Department issued new guidelines for criminal leak investigations, news organizations are voicing concern about a decision to limit protections to include only journalists engaged in “ordinary newsgathering.”

Representatives for news organizations said at a meeting with Attorney General Eric Holder on Tuesday that the language introduces ambiguities in the rules that zealous prosecutors might try to exploit. The Justice Department said in a statement that the news groups made compelling points that it will consider.

The meeting centered on new Justice Department guidelines for obtaining records from news media organizations in leak investigations. Holder did not explicitly agree to rewrite the new rules, but another meeting on the subject was tentatively scheduled for later this summer, said Karen Kaiser, general counsel for The Associated Press, who attended the meeting at the Justice Department’s headquarters.

The new guidelines, revealed in February, were designed to give news organizations an opportunity to challenge any subpoenas or search warrants in federal court. They stipulate that news organizations are to be informed of an impending document demand unless the attorney general determines that the notice would threaten the integrity of an investigation, “risk grave harm” to national security or present a risk of death or serious bodily injury. And they say the Justice Department may apply for a search warrant to obtain a journalist’s materials only when that person is a focus of a criminal probe for conduct outside the scope of ordinary newsgathering.

But in Tuesday’s meeting, lawyers for media organizations complained that restricting the new protections to cover “ordinary newsgathering” was needlessly unclear.

A lawyer for the Newspaper Association of America who attended the meeting, Kurt Wimmer, said the Justice Department, in using the “ordinary newsgathering” language, seemed to be trying to distinguish between a journalist obtaining documents from a source versus hacking into a computer to receive the same material.

Hacking into computers “probably isn’t ordinary newsgathering in their view, and I think most journalists might agree with that,” Wimmer said. “But it’s very difficult to draw the line.”

The guidelines followed disclosures that the Justice Department had secretly subpoenaed telephone records for reporters and editors for The Associated Press, and also had secretly used a search warrant to obtain some emails of a Fox News journalist as part of a separate investigation.

Holder declined to discuss the case of New York Times reporter James Risen, who is battling government efforts to force him to testify at the trial of a former CIA officer who is accused of leaking classified information. But the Justice Department said he reiterated his position that no journalist would be prosecuted for “performing ordinary newsgathering activities” as long as Holder is attorney general.

Holder also agreed to release a memorandum that was previously distributed to federal prosecutors and that the Justice Department said outlines safeguards intended to protect journalists’ newsgathering records.

Under rules established by the government, the meeting was considered to take place “on background,” meaning participants were asked not to record it or afterward attribute specific statements to anyone who attended. But participants were allowed to answer questions about the meeting and describe issues that were discussed.

The AP case involves a criminal investigation into the AP’s sources of information about a foiled al-Qaida bomb plot in Yemen. The AP’s story in May 2012 attributed details of the operation to unnamed government officials. In the leaks case after the story, a former FBI explosives expert later pleaded guilty to possessing and disclosing classified information.

The Fox News story concerned a report involving classified information about North Korea. The investigation of that story resulted in a State Department expert on North Korea pleading guilty to passing classified information to a journalist.

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Follow Eric Tucker on Twitter at http://www.twitter.com/etuckerAP

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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