Obama Admin Fought To Keep Search Warrant Against Reporter James
Rosen Secret
Via Ryan Lizza at The New Yorker:
The Obama Administration fought to keep a search warrant for James
Rosen’s private e-mail account secret, arguing to a federal judge that
the government might need to monitor the account for a lengthy period
of time.
The new details are revealed in a court filing detailing a back and
forth between the Justice Department and the federal judges who
oversaw the request to search a Gmail account belonging to Rosen, a
reporter for Fox News. A 2009 article Rosen had written about North
Korea sparked an investigation; Ronald C. Machen, Jr., the U.S.
Attorney who is prosecuting Stephen Jin-Woo Kim, a former State
Department adviser who allegedly leaked classified information to
Rosen, insisted that the reporter should not be notified of the search
and seizure of his e-mails, even after a lengthy delay.
E-mails, Machen wrote, “are commonly used by subjects or targets of
the criminal investigation at issue, and the e-mail evidence derived
from those compelled disclosures frequently forms the core of the
Government’s evidence supporting criminal charges.”
He argued that disclosure of the search warrant would preclude the
government from monitoring the account, should such a step become
necessary in the investigation. Machen added that “some investigations
are continued for many years because, while the evidence is not yet
sufficient to bring charges, it is sufficient to have identified
criminal subjects and/or criminal activity serious enough to justify
continuation of the investigation.”
Machen insisted the investigation would be compromised if Rosen was
informed of the warrant, and also asked the court to order Google not
to notify Rosen that the company had handed over Rosen’s e-mails to
the government. Rosen, according to recent reports, did not learn that
the government seized his e-mail records until it was reported in the
Washington Post last week.
The new details indicate that the government wanted the option to
search Rosen’s e-mails repeatedly if the F.B.I. found further evidence
implicating the reporter in what prosecutors argued was a conspiracy
to commit espionage.
According to recently unsealed documents in the case, the Obama
Justice Department sought an extensive amount of information from
Rosen’s e-mail account. In addition to Rosen’s correspondence with
Kim, the government wanted to know about Rosen’s contacts with other
government officials, including “records or information relating to
the Author’s communication with any other source or potential source
of the information disclosed in the Article.”
Obama anger and frustration at Fox News for a long, long time?
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http://www.guardian.co.uk/medi...
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http://latimesblogs.latimes.co...
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