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Q: Could U.S. Prosecute Reporters For Classified Scoops? A: Maybe

The fraught question came up during a House Intelligence Committee hearing this week. Some Republicans pointed to news stories based on leaks about the activities of Trump associates.

Could the U.S. Justice Department prosecute reporters for publishing stories based on classified material? That once-tangential question briefly took center stage during Monday's House Intelligence Committee hearing.

As several Republican lawmakers stressed the possible criminality of leaking to the press about the activities of President Trump's advisers and associates, South Carolina GOP Rep. Trey Gowdy went a step further, asking, "Is there an exception in the law for reporters who want to break a story?"

FBI Director James Comey demurred.

"That's a harder question, as to whether a reporter incurs criminal liability by publishing classified information," Comey said, calling the matter "probably beyond my ken."

Gowdy was clearly trying to deflect attention from the investigation into the Trump campaign and Russia. But the issue he raised is central to the practice of journalism.

Legal protections far

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