``I believe that's an invitation to Congress to legislate on the subject," replied Specter, a Pennsylvania Republican. ``Clearly, the ball is in our court."
Friedrich declined to comment on the Anderson case, in which the FBI is seeking 50 years' worth of papers from the investigative journalist who exposed government scandals and earned a place on President Nixon's ``enemies list."
Friedrich's response echoed deferrals by Attorney General Alberto Gonzales and other Justice Department officials in previous hearings on the administration's domestic wiretapping, phone tapping, and other policies. Specter and other committee members grew exasperated.
``Why in heaven's name were you sent up here?" ranking Democrat Patrick Leahy of Vermont fumed. ``Are there any questions you guys are allowed to answer other than your title, time of day?"
Friedrich responded that the Judiciary Committee was advised of this limit before the hearing opened. He added that the FBI was preparing answers to the committee's questions about the Anderson case.
With the administration considering prosecuting journalists who publish classified information and refuse to reveal their sources, the committee wants the full story of the effort to obtain Anderson's archive after his death in December at age 83.
Anderson's son Kevin, a lawyer, told the panel that he and his mother are prepared to face contempt charges if the FBI's effort to search the papers ever produces a subpoena or is upheld in court.
``The family has met and decided that we would not abide by a subpoena if one were issued by the FBI," Anderson said.
Specter asked whether Anderson would risk a contempt citation.
``I would, and I've spoken with my mother and she would as well," Anderson said.
``It's not an irrelevant question," Specter observed.
Anderson and Mark Feldstein, a former investigative reporter who is writing a book about Anderson, say FBI agents have appeared at their homes seeking the roughly 200 boxes of Anderson's papers to which the family had granted Feldstein access. The agents, Feldstein has said, cited national security concerns.
