From: "Rich Gauszka" 



from http://www.washingtonpost.com/wp-dyn/articles/A19862-2003Mar13.html

AP Protests Gov't Seizure of Package



The Associated Press
Thursday, March 13, 2003; 9:44 AM


Government agencies opened a package mailed between two Associated Press
reporters last September and seized a copy of an eight-year-old
unclassified FBI lab report without obtaining a warrant or notifying the
news agency.

The Customs Service intercepted a package sent via Federal Express from the
Associated Press bureau in Manila to the AP office in Washington, and
turned the contents over to the FBI.

FBI spokesman Doug Garrison said the document contained sensitive
information that should not be made public. However, an AP executive said
the package contained an unclassified 1995 FBI report that had been
discussed in open court in two legal cases.

"The government had no legal right to seize the package," said
David Tomlin, assistant to the AP president.

Press freedom advocates criticized the agencies' seizure of the document.

"It was really stupid of them to keep it," said Lucy Dalglish,
director of the Reporters Committee for Freedom of the Press. "What
they're trying to do is prevent you from reporting a story. That's
censorship."

The AP inquired about the missing FedEx package last autumn when it did not
arrive in Washington, and the courier suggested it might have fallen off a
delivery van. FedEx later reimbursed AP $100 for the loss.

FedEx spokeswoman Sally Davenport said Wednesday the company was unable to
track the package after it arrived in Indianapolis and had no records
showing that it was seized by Customs. If the company knows a package has
been taken by Customs, FedEx policy is to notify the customer and provide a
number to contact the agency, Davenport said. FedEx did send a letter of
apology to the AP, she said.

In January the AP was tipped that the package had been intercepted and that
the FBI had requested an investigation to find out who had provided the lab
report to the news service

Solomon found out about the May 2001 subpoena in August when he returned
from vacation and opened a notification letter from the government. The
Code of Federal Regulations says the AP should have had the opportunity to
challenge the subpoena.

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