House of cards coming down. Topic

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Holder OK'd search warrant for Fox News reporter's private emails,

official says


By Michael Isikoff
National Investigative Correspondent, NBC News

Attorney General Eric Holder signed off on a controversial search warrant that identified Fox News reporter James Rosen as a “possible co-conspirator” in violations of the Espionage Act and authorized seizure of his private emails, a law enforcement official told NBC News on Thursday.

The disclosure of the attorney general’s role came as President Barack Obama, in a major speech on his counterterrorism policy, said Holder had agreed to review Justice Department guidelines governing investigations that involve journalists.

"I am troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable," Obama said. "Journalists should not be at legal risk for doing their jobs."

Rosen, who has not been charged in the case, was nonetheless the target of a search warrant that enabled Justice Department investigators to secretly seized his private emails after an FBI agent said he had "asked, solicited and encouraged … (a source) to disclose sensitive United States internal documents and intelligence information." 

Obama's comments follow a firestorm of criticism that has erupted over disclosures that in separate investigations of leaks of classified information, the Justice Department had secretly seized private emails that Rosen exchanged with a source and the phone records of Associated Press reporters. 

Holder previously said he recused himself from the AP subpoena because he had been questioned as a witness in the underlying investigation into a leak about a foiled bomb plot in Yemen. His role in personally approving the Rosen search warrant had not been previously reported.

A Justice Department spokeswoman did not immediately respond to a request for comment.

The law enforcement official said Holder's approval of the Rosen search, in the spring of 2010, 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. "It was approved at the highest levels-- and I mean the highest," said the law enforcement official, who spoke on condition of anonymity. He said that explicitly included Holder.

Kim has since been indicted on charges that he leaked classified information to Rosen about how North Korea would respond to a United Nations resolution condemning the country's nuclear program. He has denied the charges.

In an affidavit in support of a search warrant to Google for Rosen's emails, an FBI agent wrote that the Fox News journalist -- identified only as "the Reporter" -- had "asked, solicited and encouraged Mr. Kim to disclose sensitive United States internal documents and intelligence information." 

"The Reporter did so by employing flattery and playing to Mr. Kim's vanity and ego,” it continued. “Much like an intelligence officer would run a clandestine intelligence source, the Reporter instructed Mr. Kim on a covert communications plan that involved" emails from his gmail account.

The affidavit states that FBI agents had tracked Rosen’s entrances and exits of the State Department in order to show that they had coincided with Kim’s movements. Based on that and other findings, the affidavit by FBI Agent Reginald B. Reyes, stated, “There is probable cause to believe that the Reporter has committed a violation” of the Espionage Act “at the very least, either as an aider, abettor and/or co-conspirator of Mr. Kim.”

It also said that Google was specifically instructed not to notify “the subscriber” -- Rosen -- that his emails were being seized.

In new documents disclosed Thursday, the Justice Department sought and obtained approval to keep the search warrant, which was approved by a federal magistrate, under seal. It was unsealed in November 2011, but never made a part of the docket of Kim’s case and went unnoticed until this week.

Justice officials have since said they do not intend to criminally charge Rosen, but media groups have condemned the issuance of the search warrant itself.

"The Justice Department's decision to treat routine newsgathering efforts as evidence of criminality is extremely troubling and corrodes time-honored understandings between the public and the government about the role of the free press," said Bruce Brown, executive director of the Reporters Committee for Freedom of the Press.

In his speech Thursday, Obama reiterated his determination to pursue leak investigations. "We must enforce consequences for those who break the law and breach their commitment to protect classified information," he said.

But, he said, "Our focus must be on those who break the law," not journalists. He said he was calling on Congress to pass a media shield law and had raised the issue with Holder, "who shares my concern."

As part of the Justice Department review of guidelines, the president said, Holder will convene a group of media organizations to hear their views and “report back to me by July 12th."

5/23/2013 6:06 PM (edited)
Now we are in the inner circle of the White House.  Damn Damn Damn Damn Damn. 
5/23/2013 6:06 PM
Don't forget scandal #4. Sebelius shaking down the healthcare industry.
5/23/2013 9:42 PM
And #5. Just heard about it today. Obama took over student loans in 2010. The loan rate was 2.8% when the banks were involved. Now that he's socialized it by kicking out private industry.....yet again......he's jacked the rates up. 

Now Obama borrows the money at 2.8% then turns around and charges our college students 6.8%!!!! He takes the extra 4% he stole from the kids to pay for his new government employees and their pensions and unions while the bloated government approaches their beached whale moment. And then he takes all the extra that's left over to help pay for Obamacare. And that's just crazy since they are no where near to having it in place, it's already 3 times over original cost and once implemented is destined to crash and burn under it's own bureaucratic weight and unworkable rules and regulations. This is a disaster.
5/23/2013 9:58 PM
Etc:

openchannel.nbcnews.com/_news/2013/05/28/18563008-irs-higher-ups-requested-info-on-conservative-groups-letters-show

Hank Johnson, with the amazingly tough question, leads to Holder lying to Congress.  Eric should go just for not being able to handle a Hank Johnson question:

www.nationalreview.com/article/349509/being-eric-holder
5/29/2013 9:53 AM
Hank!  My favorite US Rep!
5/29/2013 9:55 AM
I can't wait until the classified documents come out from the Forest Gump/Dick Cheney era and see how many FISA warrants were issued to spy on liberal groups. 
5/29/2013 9:55 AM
I think you may be waiting a long time for that.  They were not Richard Nixon.
5/29/2013 10:06 AM
Forest may not have been but Dick would have. 
5/29/2013 10:28 AM
So, I guess the IRS should be all up in Organizing for Actions ****, right?

www.weeklystandard.com/blogs/obama-signs-fundraising-email-non-partisan-organizing-action_731835.html

5/29/2013 11:09 AM

Obama's First-Amendment Scandals Were Predicted

The Obama administration’s free-speech scandals of today were repeatedly and accurately predicted by conservative pundits during the 2008 election. Obama’s first presidential campaign launched a series of novel and troubling assaults on its critics, leading many conservatives to warn that both the press and political speech would come under attack should Obama be elected president. Some of the predictions about Obama made by conservative writers in 2008 seem uncannily on-the-mark today.

The first incident to spur warnings was the Obama campaign’s move in late August of 2008 to prevent the American Issues Project from airing an ad exploring Obama’s ties to former terrorist Bill Ayers. Rather than simply answering the ad, the Obama campaign threatened economic boycotts, federal investigations of the group’s officers and anonymous donors, and criminal prosecutions. Although the ad ran locally, Fox News and CNN were apparently discouraged by these threats from accepting the ad. Kimberley Strassel wrote in the Wall Street Journal last week about the precedent this controversy set for today’s scandals. Yet the dust-up over the Ayers ad was merely the first of several such incidents.

I know, because I was incident number two. On August 28, just days after the controversy over the Ayers ad, the Obama campaign pressured WGN Radio in Chicago to bar my scheduled appearance on the Milt Rosenberg show to discuss my research into Obama’s ties to Ayers. When the station refused to cancel my appearance, it was deluged with calls from Obama supporters acting on instructions from his campaign. They demanded that I be kept off the air.

A few weeks later, on September 15, a flood of callers, again egged on by the Obama campaign, demanded that David Freddoso, then my colleague at NATIONAL REVIEW, be barred from discussing his just-published biography of Obama on the Rosenberg show.

In late September, a team of prosecutors and sheriffs in Missouri (perhaps not coincidentally, the home state of the group that produced the Ayers ad) was formed to act as an “Obama Truth Squad.” The Truth Squad, said a report, would “target anyone who lies or runs a misleading television ad during the presidential campaign.” The group was to respond “immediately to any ads and statements that might violate Missouri ethics laws.” This apparent threat to prosecute critics of Obama set off a firestorm of outrage, which the local press and the Obama campaign later claimed was all based on a misunderstanding.

Also in late September of 2008, the Obama camp attempted to force yet another negative ad off the air, this one the National Rifle Association’s take on Obama’s gun policy. A letter to television stations effectively threatened to have their broadcast licences yanked should they air what the Obama camp claimed was a knowingly false and misleading ad.

Again and again, conservatives cited these incidents as evidence that something new and dangerous was at work: disregard of the fundamental principles of free expression, a willingness to resort to intimidation tactics, and abuse of the law to stifle criticism. The national press on the other hand, either ignored these incidents, or treated them as evidence of the Obama campaign’s effectiveness, and its sophisticated use of social media.

Let’s consider some examples of the many unheeded warnings that free speech would be endangered should Barack Obama become president. The initial threat to launch criminal prosecutions over the Ayers ad set off a flurry of brief but pointed predictions. Michelle Malkin, one of the first and most energetic to cover these controversies, warned, “The Obama campaign is giving a glimpse of the future for conservative free speech.” Over at Hot Air, Ed Morrissey suggested that, “…bullying people through the Department of Justice as a candidate will cause reasonable people to wonder what will happen if Obama gets elected.” The editors of NATIONAL REVIEW decried, “…a desperate call for the Justice Department to muzzle political speech through the prospect of a criminal investigation–a demand that provides a disturbing sneak peak into what life would be like under an Obama Justice Department.”

The controversy over my appearance on the Milt Rosenberg show meant there were now two incidents to discuss, so the warnings grew a bit sharper and more detailed. Writing at NRO’s Media Blog, Guy Benson said, “This tendency to lash out and engage in baseless name-calling not only smacks of desperation; it also may foreshadow an Obama presidency’s strategy in handling unfavorable media reports and sources.” Powerline’s John Hinderaker’s remarks seem pertinent today: “If Obama is elected President, will he appoint an Attorney General who will carry out politically-motivated prosecutions like the one he is now demanding? I suppose we can’t know for sure, but why wouldn’t he? If he demands criminal prosecution of free speech that opposes his political interests when he’s a candidate, why wouldn’t he order it as President?” Meanwhile, five years before controversies over the AP, James Rosen, and Sharyl Attkisson, Ed Morrissey suggested that, for their own sake, national media ought to stop ignoring Obama’s assaults on the press: “Maybe other journalists should take heed. If Obama becomes president and they commit the crime of Journalism in the First Degree, how will these same people react with the full weight of the federal government behind them? If they stoop to character assassination now, what will they do when they have much more powerful tools at their disposal?”

In the wake of the David Freddoso incident, Morrissey hit this theme again: “Where is the rest of the media on this? It’s the second time in three weeks that the campaign itself has organized a brute squad to intimidate journalists into silence. This kind of insane, hysterical reaction to criticism is apparently what we can expect from an Obama administration, and the rest of the media seems content to allow it.”

Once the Missouri Truth Squad and NRA controversies hit, the pattern was fully established and Morrissey was up in arms again. After quoting an Andy McCarthy piece on Obama’s serial attacks on free speech, Morrissey hit the media: “I’d settle for an honest accounting of this intimidation tactic by the national media. For an industry that has the most to lose from the election of an administration willing to use thuggery to silence its critics, the national media has been strangely silent. Perhaps they don’t mind cheering the thugs as long as the thugs sympathize with their policy ideals, once of which is distinctly not the First Amendment and free political speech.”

At this point, the notion that electing Obama would endanger press freedom and political speech was widespread among conservatives. Mark Steyn chimed in, “What Obama is doing via pliable Missouri public officials is disgusting–and a revealing portent of what his Administration would do to its enemies.” Michael Barone warned, “In this campaign, we have seen the coming of the Obama thugocracy, suppressing free speech, and we may see its flourishing in the four or eight years ahead.”

Writing at Human Events, Hans von Spakovsky spelled out the problem: “These actions should cause every American to ask, can Obama be trusted with the powers of the Justice Department, the Federal Election Commission and the Federal Communications Commission? This is a man who wants to criminally and economically punish opponents for engaging in political speech that is the heart and soul of the First Amendment.” Spakovsky went on to warn that federal agencies under Obama would hammer political opponents while letting supporters off the hook, and he complained that watchdog groups that ought to be decrying the Obama campaign’s actions were applauding them instead.

Mark Tapscott, of the Washington Examiner, takes the prize for being the only pundit I could find to predict the abuse of the IRS under an Obama administration. Tapscott warned of “multiple moves to silence critics in the media and elsewhere” should Obama be elected. Charging the Clinton administration with using trumped-up IRS investigations to force conservative think tanks to waste time and money defending themselves, Tapscott said there would more of the same, and worse, under an Obama administration.

Last week, Kimberley Strassel argued that getting to the bottom of the IRS scandal requires a look at the Obama campaign’s intimidation tactics of 2008. That context extends much further than the Ayers ad controversy Strassel discussed. The full pattern sheds light on the Obama Justice Department’s pursuit of the press as well. By refusing to complain, or even report on, what conservatives were up in arms about in 2008, the national media bears some share of responsibility for the troubles it faces today.

5/29/2013 11:22 AM
Do you read anything that slants less to the right than the leaning tower of Pisa?
5/29/2013 11:27 AM
jclarkdicksucker is just an ****** who can't stand the fact that his side lost for 8 straight years. He's a loudmouth, ultra-typical repubutard. And he will die that way...hopefully soon.
5/29/2013 4:50 PM
Ha, ha. How are you enjoying lame duck O?
5/29/2013 10:00 PM
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House of cards coming down. Topic

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