The Hill has disclosed the Justice Department actually cajoled a certain federal judge about revealing to Fox News reporter James Rosen they were tapping his phone and email. They tried to convince the court it was a legitimate national security issue.
Incredibly, U.S. Attorney Ron Machen in 2010 argued before the court that a “traditional 30-day notice period” was not applicable to Rosen’s situation as the DOJ continued to tap his Gmail account.
The report was made public by The Hill this week complete with new exhibits of evidence unsealed.
The process usually means the government obtains a search warrant, provides no notice to the user of such email accounts, Machen had written in his motion. The court was persuaded by none of it and ruled, “…this court’s indication on the face of the warrant that delayed notice of 30 days to the customer and subscriber was permissible was unnecessary.”
Machen attempted a second request granted by the court to stop Google from informing Rosen the DOJ was blatantly spying on his every move through the email account.
The latest revelation in this unusual case involves the man who signed the warrant after telling Congress he was against such activities: Attorney General Eric Holder, according to NBC News.
FOX News is naturally furious and their president, Roger Ailes, fired back on Thursday that the DOJ’s seizure of a reporter’s records would not stand “the test of law.”
Ailes further said, “The administration’s attempt to intimidate Fox News and its employees will not succeed and their excuses will stand neither the test of law, the test of decency, nor the test of time. We will not allow a climate of press intimidation, unseen since the McCarthy era, to frighten any of us away from the truth.”
As many of the other scandals to hit this administration have gone, the president Thursday told his attorney general “to review Justice’s guidelines on leak investigations and news organizations.”
Holder promised a report on his own department by July 12, The Hill reported.
The Rosen case was revealed following the shocking disclosure hat phone records of editors and reporters at The Associated Press had been secretly seized by Justice in another probe of leaked government information.
It is the worst violation of press freedom since the Nixon years and Watergate.
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