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If in fact that disclosure could endanger our military forces, or those who are cooperating with us to fight terrorism. >> reporter: other democrats are calling for a new media shield law. it has broad bi-partisan support. senator chuck schumer says under such a law if the government wants to go to a member of the press and say you have to divulge your sources, for example, it first would have to go to a judge who would impose a balancing test. critics say, however we already have a media shield law, always have, it's called the first amendment, quote, congress shall make no law a bridging fre...

Council to investigate mindful conflicts regularly occur between protecting national secrets and first amendment rights of journalists. >> what is the government to do if that disclosure could endanger our military forces or those cooperating with us to fight terrorism. it is the constant tension between the government and freedoms under the bill of rights that we see playing out both "the associated press" case and this fox case. >> gregg: a gang of eight in this senate, four republicans and four democrats, are working on shield legislation to protect journalists requiring to get approval bef...

Bush administration. gregg: oh, yeah. >> john ashcroft who was attorney general stepped aside the whole thing. his deputy appointed patrick fitzgerald to investigate. gregg: we'll see what happens here. byron york, good to see you what happens. >> thank you, gregg. heather: gregg in the wake of these investigations a top democrat announcing a new "gang of eight" of senators will take a closer look government will investigate he is leaks. to strell what is being called the media shield bill. >> what i will propose with lindsey graham and with four democrats and four republicans another "gang of...

Possibility that leak investigations may chill the investigative journalism that holds government accountable. >> president obama tried to justify his administration's aggressive investigations into leaks. sweeping up news organizations, though, in the process, "new york times" chief washington correspondent, david sanger joins me now. david is one of them. david i don't know if you can talk about the personal side of this. but your reaction to the president's tweaking, i guess you would say of the journalism investigations and calling for a report from the attorney general, though one would a...

Test and gave a hot blood test. that is significant and goes to his state of mind. i think that's interesting information that a jury should know. ultimately the judge has a classic what we call a 403 balancing test. the judge has to decide whether the probative value outweighs the prejudicial effect. maybe some of these elements do have probative value, especially the marijuana testing. >> as i see this, with all of these motions in limine, the prosecutors don't want the jury to see that maybe trayvon had behaved in a certain way unbecoming in the past but what is even more bizarre, i'm not s...