John Ashcroft's First Year as Attorney General

Vanessa Leggett, a part-time college lecturer and freelance writer, was jailed in July for refusing to turn over to the FBI notes and research she collected while writing a book about a Texas crime. The Justice Department has reasoned that only "legitimate" journalists or reporters can be protected by the First Amendment protections of the U.S. Constitution regarding a free press.58 Although the lower court's actions against the writer have been upheld, there has been significant criticism of the Ashcroft Justice Department's role in the case. Critics include Robert Lystad, legal counsel for the Society of Professional Journalists. "The Justice Department appears to be harking back to the Watergate era when harassment and intimidation of journalists by high-ranking government officials was condoned," he said. "Even with fundamental constitutional liberties at stake, the Justice Department apparently will not even heed its own regulations." 59

After five months in prison-considerably longer than any other reporter has been held in a case of this nature-Leggett was released because the term of the grand jury that requested her research had expired. However, the Justice Department may again call for her to be detained. A statement by the U.S. attorney's office noted that it intends to continue to take steps to "require Leggett's cooperation."60

In addition, in May, while serving as acting deputy attorney general, Robert S. Mueller III authorized U.S. Attorney Mary Jo White to obtain a record of the outgoing and incoming home telephone calls of an Associated Press reporter covering the investigation of Sen. Robert G. Torricelli, D-N.J. Mueller is now the director of the FBI.61 An outraged Louis D. Boccardi, president of Associated Press, said the Justice Department's actions "fly in the face of long-standing policy that recognizes what a serious step it is to go after a reporter's phone records. We hope that this secret assault on the press is not an indication of the Bush administration's attitude toward a press free of government interference."62