http://openchannel.nbcnews.com/_news/2013/05/13/18234317-ap-calls-
governments-record-seizure-a-massive-and-unprecedented-intrusion?lite
The Associated Press has revealed that it's been notified by the Justice
Department that investigators obtained records on more than 20 phone lines
used by AP reporters and editors last April and May. NBC's Pete Williams
reports.
By Michael Isikoff
National Investigative Correspondent, NBC News
WASHINGTON -- The Justice Department used a secret subpoena to obtain two
months of phone records for Associated Press reporters and editors without
notifying the news organization, a senior department official tells NBC
News, saying the step was necessary to avoid "a substantial threat to the
integrity" of an ongoing leak investigation.
The seizure of the phone records, disclosed earlier Monday by AP President
and CEO Gary Pruitt, is the latest move in a series of high profile and
controversial investigations of leaks of classified information by the
Justice Department. In a letter of protest to Attorney General Eric
Holder, Pruitt said obtaining more than two months of AP phone records on
20 separate telephone lines without prior notice was a "massive and
unprecedented intrusion" into news-gathering operations.
It also drew a swift rebuke Monday from members of Congress and freedom of
the press watchdogs, one of whom called the move "Nixonian."
Ronald C. Machen, Jr., the U.S. attorney in Washington, D.C., revealed in
a letter to the AP on Friday that federal prosecutors obtained the
records. The letter did not give a reason for obtaining the records, but
Machen is conducting an investigation into the leak of classified
information about a foiled terror plot in Yemen last year.
An AP story last spring reported details of a CIA operation in Yemen that
stopped an al Qaeda plot to detonate a bomb on an airplane bound for the
United States.
In his letter to Holder, Pruitt said the seized phone records were from
early 2012 and included phone lines for AP bureaus in New York, Washington
DC, Hartford, Connecticut and the AP line at the House of Representatives.
He said the records seized also included those from the home phones and
cell phones of individual journalists.
"We regard this action by the Department of Justice as a serious
interference with AP's constitutional rights to gather and report the
news," Pruitt said.
Holder last June appointed Machen to conduct the investigation of the
Yemen terror plot leak and Rod Rosenstein, the U.S. attorney in Maryland,
to oversee a separate probe into the leak of U.S. government efforts to
use the Stuxnet computer virus to thwart the Iranian nuclear program.
In later Senate testimony, Holder said that he and FBI director Robert
Mueller had both been interviewed by FBI agents as part of the
investigations because they had prior knowledge of the information that
was leaked. (Under Justice regulations, any subpoena for news media phone
records requires the "express authorization" of the attorney general.
But a Justice Department spokeswoman did not respond Monday night when
asked whether the attorney general had recused himself in the
investigation.)
As another sign of the sensitivity of the case, CIA Director John Brennan
disclosed earlier this year that he also had been questioned by FBI agents
as part of the Yemen probe, but said he was later notified that he was not
a subject of the investigation.
Bill Miller, spokesman for Machen, said in an email that the subpoena for
the records was done by the book.
"Consistent with DOJ regulations, the department provided notification to
the Associated Press of the receipt of toll records in a letter dated May
10, 2013," He noted that Justice regulations "do not require notification
to the media prior to the issuance of legal process to obtain toll
records."
In a separate email, Miller wrote: "We take seriously our obligations to
follow all applicable laws, federal regulations, and Department of Justice
policies when issuing subpoenas for phone records of media organizations.
Those regulations require us to make every reasonable effort to obtain
information through alternative means before even considering a subpoena
for the phone records of a member of the media. We must notify the media
organization in advance unless doing so would pose a substantial threat to
the integrity of the investigation.
"Because we value the freedom of the press, we are always careful and
deliberative in seeking to strike the right balance between the public
interest in the free flow of information and the public interest in the
fair and effective administration of our criminal laws.”
The regulations cited by Miller state that subpoenas for the news media in
criminal cases should be done only when there are “reasonable grounds to
believe … that a crime has occurred” and that the records sought are
“essential to a successful investigation.”
They also state that subpoenas should, wherever possible, “be directed at
material information regarding a limited subject matter and “should cover
a reasonably limited period of time and … avoid requiring production of a
large volume of unpublished material.”
Since President Barack Obama took office, the Justice Department has
aggressively pursued leak investigation and brought more criminal
prosecutions – six in five years – than any previous administration.
Those cases, which also have been sharply criticized by press groups, have
also targeted reporters’ phone records: James Risen, a national security
reporter for the New York Times, had his phone, credit card and bank
records subpoenaed as part of a Justice Department prosecution of a former
CIA officer accused of leaking classified information on Iran’s nuclear
program to him.
But critics say the extensive nature of the subpoena for the AP phone
records goes far beyond what was seen in earlier cases.
Rep. Darrell Issa, R-Calif., and chairman of the House Oversight and
Government Reform Committee, vowed to investigate.
"This is obviously disturbing," he said. Coming in the wake of other
disclosures about the administration’s response to the attack on the U.S.
consulate in Benghazi, Libya, and the IRS’s targeting of conservative
nonprofit groups, he said it showed "top Obama administration officials
increasingly see themselves as above the law and emboldened by the belief
that they don't have to answer to anyone."
Sen. Patrick Leahy, D-Vt., and chairman of the Senate Judiciary Committee,
said he wanted to know more about the justification for the secret
subpoena.
"The burden is always on the government when they go after private
information -- especially information regarding the press or its
confidential sources,” he said. “… I am concerned that the government may
not have met that burden. I am very troubled by these allegations and want
to hear the government's explanation."
Anti-secrecy watchdogs also criticized the move.
"I've never heard of a dragnet collection effort against a media
organization like this," said Stephen Aftergood, who tracks secrecy issues
for the Federation of American Scientists. "This was not a targeted
monitoring of an individual reporter. It's a sweeping collection of an
entire bureau's communications."
"The Justice Department’s seizure of the Associated Press’ phone records
is Nixonian," said Danielle Brian, executive director of the Project on
Government Oversight, a group that advocates on behalf of whistleblowers.
"The American public deserves a full accounting of why and how this could
happen."
--
Barack Obama, reelected by the dumbest voters in the history of the United
States of America.
Eric Holder, racist black murdering United States Attorney General, still
has his job.
Nancy Pelosi, Democrat criminal, accessory before and after the fact to
improper vetting of Barry Soetoro aka Barack Hussein Obama, a confirmed
felon using SSAN 042-68-4425, belonging to a dead man.
Obama ignored the brutal killing of an American diplomat in Benghazi, then
relieved American military officers who attempted to prevent said murder
in order to cover up his own ineptness.
Obama continues his goal of disarming America while ObamaCare increases
insurance premiums 200% and leaves millions without health care.
Obama helped bankrupt Illinois. Democrat run Chicago closes 54 public
schools.
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