Tipster shields lifted by Democrats

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Congressional Democrats yesterday declined to protect tipsters who report suspicious behavior from nuisance lawsuits.

"This is a slap in the face of good citizens who do their patriotic duty and come forward, and it caves in to radical Islamists," said Rep. Peter T. King, New York Republican and ranking member of the House Homeland Security Committee.

Republicans tried to write the protection provision included in final homeland security legislation, crafted yesterday by a House and Senate conference committee, to implement final recommendations from the September 11 commission.

Mr. King and Rep. Steve Pearce, New Mexico Republican, sponsored the provision after a group of Muslim imams filed a federal civil rights lawsuit against US Airways and unknown "John Doe" passengers. The imams were removed from US Airways Flight 300 on Nov. 20 after fellow passengers on the Minneapolis-to-Phoenix flight complained about the imams' suspicious behavior.

On March 27, the House approved the "John Doe" amendment on a 304-121 vote.

"Democrats are trying to find any technical excuse to keep immunity out of the language of the bill to protect citizens, who in good faith, report suspicious activity to police or law enforcement," Mr. King said. "I don't see how you can have a homeland security bill without protecting people who come forward to report suspicious activity."

While the conference is not likely to meet again, Mr. King noted the conference report has not been written and says he will continue discussions with Sen. Joe Lieberman, Connecticut independent and chairman of the Senate Committee on Homeland Security and Governmental Affairs, to insert the "John Doe" language.

Sen. Susan Collins, Maine Republican and ranking member of the committee, announced afterward she would attempt to attach a similar bill to an education measure being debated on the Senate floor. However, the measure was rejected in a late-night vote. After some last-minute arm-twisting by Democrats, the "John Doe" measure got 57 yes votes to 39 votes against, three votes shy of the two-thirds supermajority required under Senate rules because it was not directly related to the underlying educational funding bill.

Democratic leaders held a press conference with members of the September 11 commission just prior to the conference meeting but did not address the fate of the provision.

"We have always said that any discussion of September 11 in any way, shape or form would be made on sacred ground, with reverence to those who were lost," said House Speaker Nancy Pelosi, California Democrat.