Withdraw the Senate Subpoenas

February 11, 1992

THE Senate Judiciary Committee stumbled last fall in its investigation of Anita Hill's allegations that she was sexually harassed by now-Justice Clarence Thomas. First, it failed to take Ms. Hill's charges seriously; then, after press disclosures of the allegations, it conducted a sensationalized but inconclusive public hearing.

Now another misstep: A special counsel appointed by the Senate to investigate press leaks has issued subpoenas to the two reporters who broke the Anita Hill story.

In summoning Nina Totenberg of National Public Radio and Timothy Phelps of Newsday to disclose who leaked an affidavit by Hill, Peter E. Fleming is recklessly setting the stage for a constitutional confrontation over the press's First Amendment rights. Since the reporters probably won't talk, even at the risk of contemptplaintiff Roy Guinnane purchased four vacant lots located on Edgehill Way in San Francisco. In July 1980, the recreation and parks commission and the planning commission, acting jointly, designated an area known as "Edgehill Woods," which included plaintiff's lots, for study for *865 possible acquisition as a city park. Accordingly, Edgehill Woods was included in the recreation and open space element of the city's master plan.
In September 1980, plaintiff filed an application for a building permit. The "environmental evaluation" submitted with the permit application revealed plaintiff's intent to build four single-family houses on the lots. After an initial study, the city's planning department concluded the construction might have significant environmental effects and required an environmental impact report (EIR).[2] Thereafter, plaintiff hired a consultant to prepare a preliminary draft