American Notes: Investigations

To most observers, the real issues in last year's face-off between Anita Hill and Clarence Thomas were matters like sexual harassment, her truthfulness and his fitness for the Supreme Court. But some Senators seemed no less obsessed with finding out who leaked the secret FBI report of Hill's charges against Thomas to Nina Totenberg of National Public Radio and Timothy Phelps of New York Newsday. The journalists' accounts compelled the Senate Judiciary Committee to schedule the Thomas-Hill hearings.

As part of an ongoing investigation of the leaks, the Senate last week subpoenaed Phelps and Totenberg. Both say they will refuse to disclose who tipped them to the story. That could set the stage for a nasty battle over journalists' First Amendment right to protect their confidential sources. The investigation may also lead to some snarling on the floor of the Senate as suspicion focuses upon aides to Democratic Senators Edward Kennedy and Howard Metzenbaum.