The job of a free press to keep the government in check. The DoJ is utterly compromised under an out-of-control president. We need Congressional hearings and a special prosecutor. This is unconstitutional — it is a violation of our most basic freedoms. Where is the media on this?
The Washington Post published an explosive story about the Justice Department’s monitoring of James Rosen, a Fox News reporter based in Washington. Rosen allegedly spoke to Stephen Jin-Woo Kim, a State Department contractor, for a story about North Korea’s nuclear program. The Justice Department charged Kim with violating the Espionage Act for his contact with Rosen.
Kim’s case has already been condemned by critics of the White House’s hyper-aggressive approach to leaks, but the details of the DOJ’s tracking of Rosen have not been known until now. The Post’s Ann E. Marimow laid out the intensity of that monitoring in her article:
The Justice Department used security badge access records to track the reporter’s comings and goings from the State Department, according to a newly obtained court affidavit. They traced the timing of his calls with a State Department security adviser suspected of sharing the classified report. They obtained a search warrant for the reporter’s personal emails.
(Read the DOJ’s request for searching Rosen’s records at the bottom of the post.)
That goes above and beyond what the Justice Department did when it monitored the Associated Press. There, it looked at phone records, not the actual contents of emails.
Perhaps more chilling, the Post reported that, in order to justify its search warrants for Rosen’s private correspondence, the Justice Department labeled Rosen a “co-conspirator”
When the Justice Department began investigating possible leaks of classified information about North Korea in 2009, investigators did more than obtain telephone records of a working journalist suspected of receiving the secret material.
They used security badge access records to track the reporter’s comings and goings from the State Department, according to a newly obtained court affidavit. They traced the timing of his calls with a State Department security adviser suspected of sharing the classified report. They obtained a search warrant for the reporter’s personal e-mails.
Associated Press CEO Gary Pruitt called the Justice Department’s seizure of some AP telephone records “unconstitutional,” saying “I really don’t know what their motive was, I know what the message they are sending was — if you talk to the press we are going to go after you.”
Can Congress productively legislate and conduct oversight investigations of a sitting president at the same time? This week will be the test.
The case of Stephen Jin-Woo Kim, the government adviser, and James Rosen, the chief Washington correspondent for Fox News, bears striking similarities to a sweeping leaks investigation disclosed last week in which federal investigators obtained records over two months of more than 20 telephone lines assigned to the Associated Press.
At a time when President Obama’s administration is under renewed scrutiny for an unprecedented number of leak investigations, the Kim case provides a rare glimpse into the inner workings of one such probe.
Court documents in the Kim case reveal how deeply investigators explored the private communications of a working journalist — and raise the question of how often journalists have been investigated as closely as Rosen was in 2010. The case also raises new concerns among critics of government secrecy about the possible stifling effect of these investigations on a critical element of press freedom: the exchange of information between reporters and their sources.
“Search warrants like these have a severe chilling effect on the free flow of important information to the public,” said First Amendment lawyer Charles Tobin, who has represented the Associated Press, but not in the current case. “That’s a very dangerous road to go down.”
Obama last week defended the Justice Department’s handling of the investigation involving the AP, which is focused on who leaked information to the news organization about a foiled plot involving the al-Qaeda affiliate in Yemen. AP executives and First Amendment watchdogs have criticized the Justice Department in part for the broad scope of the phone records it secretly subpoenaed from AP offices in Washington, Hartford, Conn., and New York.
“The latest events show an expansion of this law enforcement technique,” said attorney Abbe Lowell, who is defending Kim on federal charges filed in 2010 that he disclosed national defense information. A trial is possible as soon as 2014. “Individual reporters or small time periods have turned into 20 [telephone] lines and months of records with no obvious attempt to be targeted or narrow.”
The president said press freedoms must be balanced against the protection of U.S. personnel overseas. According to the office of Ronald Machen Jr., the U.S. attorney for the District, its prosecutors followed federal regulations by first seeking the information through other means before subpoenaing media phone records. Machen’s office is investigating both the Kim and AP cases. The Justice Department said in a statement that in both cases it had abided by “all applicable laws, regulations, and longstanding Department of Justice policies intended to safeguard the First Amendment interests of the press in reporting the news and the public receiving it.