Revealed: Holder personally vetted Rosen warrant, DOJ fought for prolonged secret monitoring of accounts

posted at 4:40 pm on May 24, 2013 by Allahpundit

It’s 4 p.m. ET as I’m writing this. If you had that time plus “deeper complicity for Holder in the Rosen investigation” in the pool, congrats.

We already knew that he signed the warrant for Rosen’s e-mails. Now we know for sure that it wasn’t pro forma. President Good Government announced yesterday that he’s ordered the Attorney General to review the DOJ’s guidelines for snooping on reporters. Imagine how dismayed Eric Holder will be when he finds out what Eric Holder’s done.

The Justice Department said on Friday that officials up to Attorney General Eric Holder vetted a decision to search an email account belonging to a Fox News reporter whose report on North Korea prompted a leak investigation.

In a statement emailed to Reuters, the department said the search warrant for the reporter’s email account followed all laws and policies and won the independent approval of a federal magistrate judge.

That’s not all. Per Ryan Lizza, the DOJ appealed and won in 2010 after a district court judge ruled that they couldn’t keep their e-mail snooping a secret from Rosen. Why was the DOJ so worried about Rosen finding out? Because: They wanted to maintain access to his e-mail accounts, indefinitely if necessary, to flush out more evidence of leaking. And that’s why Rosen didn’t find out until a few days ago that he was being spied on.

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.

“Machen,” by the way, is U.S. Attorney Ronald Machen. If his name sounds familiar, that’s because he’s the guy who was charged with deciding whether to pursue the House’s contempt citation against his boss, Eric Holder, over Fast & Furious. Holder’s deputy, James Cole, wrote a letter to Machen — before he’d even received the citation — to let him know that the Department determined Holder had done nothing wrong and therefore shouldn’t be prosecuted. Machen also happens to be leading the FBI investigation into the leak that involved the DOJ subpoenaing AP reporters’ phone records. The man who authorized those subpoenas was, of course, James Cole, acting as AG after Holder recused himself. Machen’s a loyal soldier, in other words, with a track record of aggressively pursuing access to journalists’ private data to sniff out leaks. If he was asking a judge to give the DOJ prolonged access to Rosen’s accounts, it’s reasonable to assume that it was at Holder’s behest. Especially now that we know Holder personally vetted the warrant.

Tough exit question from Conor Friedersdorf: How much damage to national security did Rosen’s story featuring the big leak about North Korea really do? It’s impossible to know for sure right now, but it might be significant.


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Comment pages: 1 2

Jack_Burton on May 24, 2013 at 6:37 PM

pi$$es me off with their double standard

cmsinaz on May 24, 2013 at 6:39 PM

I would suggest that the federal magistrate involved revoke the search warrant and have those who supplied it hauled into court for misrepresenting their case and trying to utilize the temporary power to collect evidence into a permanent one. If he had already done wrong, then the evidence should be easy to find and document. If he hasn’t then trying to wait for months and never filing charges while still keeping the taps going is an abuse of discretionary power granted by the courts.

Judges usually have a dim view of having their authorizations abused like this since it puts them in the hot seat of not conducting proper oversight of that aspect of the investigation. By not requiring a show cause to continue James Rosen is being treated as an enemy of the State without a single piece of evidence in court showing that he is one and without one prosecution starting up due to this evidence collection. This leaves the magistrate open to prosecution by not shutting the surveillance off in a timely manner once it became apparent that DoJ was not finding anything.

ajacksonian on May 24, 2013 at 5:00 PM

Good, and if that judge is not interested in doing so, he should be investigated to see if he is capable of doing his job. A judge is not supposed to be a rubber stamp for a warrant.

slickwillie2001 on May 24, 2013 at 6:47 PM

So the question occurs to me whether there’s more of these special cases out there and whether they’ve hit paydirt that they’re using to influence certain media contacts (along with who knows who else)?

This is everything the Left has accused the Right of trying to do…in double secret probation spades! They should hang their ‘Mission Accomplished’ banner across the front of Solyndra.

Also wondering if reporters are getting really worried about being able to do their jobs effectively any time soon. Who’d want the nonexistent protection offered by these toothless watchdogs of journalistic integrity. Here’s a tip for nothing; ask more yes or no questions and push for a one syllable answer. That’s how you start to catch the lies.

CitizenEgg on May 24, 2013 at 6:54 PM

I had Holder resignation at 7:02 Eastern. The creep only has 5 minutes left.

forest on May 24, 2013 at 6:58 PM

So the question occurs to me whether there’s more of these special cases out there and whether they’ve hit paydirt that they’re using to influence certain media contacts (along with who knows who else)?

This is everything the Left has accused the Right of trying to do…in double secret probation spades! They should hang their ‘Mission Accomplished’ banner across the front of Solyndra.

Also wondering if reporters are getting really worried about being able to do their jobs effectively any time soon. Who’d want the nonexistent protection offered by these toothless watchdogs of journalistic integrity. Here’s a tip for nothing; ask more yes or no questions and push for a one syllable answer. That’s how you start to catch the lies.

CitizenEgg on May 24, 2013 at 6:54 PM

Shirley you aren’t suggesting that if Holder found out some dirt on Rosen, perhaps hypothetically that he was having an affair, that he would use that to call in favors from Rosen?

slickwillie2001 on May 24, 2013 at 7:15 PM

How much worse will his replacement be?

Another Drew on May 24, 2013 at 5:04 PM

Another angry mulatto, most likely. Obama knows lots of ‘em.

ardenenoch on May 24, 2013 at 7:28 PM

Shirley you aren’t suggesting that if Holder found out some dirt on Rosen, perhaps hypothetically that he was having an affair, that he would use that to call in favors from Rosen?

slickwillie2001 on May 24, 2013 at 7:15 PM

Nothing that gauche…no wait…hells yeah, exactly that gauche. It takes a douche to be that gauche and Holder’s the right douche for the job.

But no, not worried about Rosen at this point. I’m guessing he came up clean enough for this to leak. It’s the other unwitting victims of this administration that we still have to hear about. There’s more shoes left to drop from this human centipede administration.

CitizenEgg on May 24, 2013 at 7:33 PM

HOLDER=JAIL

TX-96 on May 24, 2013 at 8:05 PM

Trust but verify.

SteveMG on May 24, 2013 at 5:01 PM

Solaratov on May 24, 2013 at 11:32 PM

Imagine how dismayed Eric Holder will be when he finds out what Eric Holder’s done.

Snort…spittake…..Bwaaaahhhhhaaaaaaaaaaaa

Huckabye-Romney on May 25, 2013 at 7:36 AM

WHAT COULD GO WRONG? The Government Wants A Backdoor Into Your Communications. “According to the New York Times, President Obama is ‘on the verge of backing’ a proposal by the FBI to introduce legislation dramatically expanding the reach of the Communications Assistance for Law Enforcement Act, or CALEA. CALEA forces telephone companies to provide backdoors to the government so that it can spy on users after obtaining court approval, and was expanded in 2006 to reach Internet technologies like VoIP. The new proposal reportedly allows the FBI to listen in on any conversation online, regardless of the technology used, by mandating engineers build “backdoors” into communications software.”

http://pjmedia.com/instapundit/169571/

workingclass artist on May 25, 2013 at 8:30 AM

Listen to the One regarding attorney general! Phony!
http://www.youtube.com/watch?v=TlUmruKGAAc

Marco on May 25, 2013 at 12:19 PM

Eric Holder: Mr. President, I have investigated me, and my findings are that I didn’t do anything wrong.

President Good Government: Thank you for conducting such a thorough and impartial investigation. Case closed.

What a crock of fetid shite.

Conservchik on May 26, 2013 at 11:21 AM

Comment pages: 1 2