In Obama’s America employees of Fox News have no rights, apparently.
The Justice Department pleaded with a federal judge to keep a Fox News reporter indefinitely in the dark as it tracked his email in a national security leaks case.
A new set of exhibits unsealed and made public this week show U.S. Attorney Ron Machen argued in 2010 that the traditional 30-day notice period did not apply to Fox News reporter James Rosen. Justice wanted to secretly monitor Rosen’s Gmail account.
“Where, as here, the government seeks such contents through a search warrant, no notice to the subscriber or customer of the e-mail account is statutorily required or necessary,” Machen wrote in the June 2010 motion. “Thus, 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, through a separate court order, also successfully stopped Google from telling Rosen that the government was spying on his e-mail account. Machen demanded to see all of Rosen’s e-mail records, including his deleted messages, e-mails in his trash folder and all attachments sent to and from the reporter.
The Justice Department acknowledged late Friday that Attorney General Eric Holder was on board with a search warrant to obtain the personal emails of a Fox News reporter, as media and civil liberties groups continued to raise concerns about the case.
Following prior reports indicating that Holder had likely signed off on the search warrant, the Justice Department acknowledged Holder’s involvement and defended the decision. It insisted the call to seek these files — in the course of an investigation into a leak allegedly made by State Department contractor Stephen Jin-Woo Kim — was legal.
“The Department takes seriously the First Amendment right to freedom of the press,” the department said in a written statement, provided late Friday at the start of the holiday weekend. “In recognition of this, the Department took great care in deciding that a search warrant was necessary in the Kim matter, vetting the decision at the highest levels of the Department, including discussions with the Attorney General.