US Attorney General (Eric Holder)signed warrant to seize Fox reporter's private email
Attorney General Eric Holder personally signed off on the warrant that allowed the Justice Department to search Fox News reporter James Rosen's personal email, NBC News' Michael Isikoff reported Thursday.
The report places Holder at the center of one of the most controversial clashes between the press and the government in recent memory. The warrant he approved named Rosen as a "co-conspirator" in a leak investigation, causing many to warn that the Justice Department was potentially criminalizing journalism. The warrant also approved the tracking of Rosen's movements in and out of the State Department, as well as his communications with his source, Stephen Kim.
The Justice Department later said that it did not intend to press any charges against Rosen.
The attorney general is usually required to approve requests to search journalists' materials, but that rule does not extend to email records.
Holder recused himself from the investigation into the Associated Press, meaning that he absolved himself of that responsibility. Holder has previously said that he was not sure how many times he had authorized the search of journalists' records.
The revelation came hours after President Obama said in a speech that he was concerned about the potential implications of the Fox News and AP investigations. Obama said that Holder would be reviewing the department's rules for investigations that involve reporters. The Huffington Post
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At a national security speech, the president said he was "troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable," and had expressed that concern to Holder. The Hill
In his speech Thursday, Obama said Holder "shares my concern" that the investigations could have a chilling effect on investigative journalism. But he also stressed the need to thoroughly investigate national security leaks. The Hill
A law enforcement official told NBC News’ Isikoff that Holder's approval came "after senior Justice officials concluded there was 'probable cause' that Rosen's communications with his source, identified as intelligence analyst Stephen Kim, met the legal burden for such searches." Politico
The Justice Department has charged State Department intelligence analyst Stephen Kim as the person responsible for leaking Rosen the information, which assessed how Pyongyang would respond to a United Nations resolution condemning the nation's nuclear program. Kim has denied the charges. The Hill
The affidavit supporting the search warrant even listed Rosen as a “possible co-conspirator” in violations of the Espionage Act. Most reporters caught in leak investigations are never accused of breaking the law. No charges have been filed currently in Rosen’s case yet either. Salon
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