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In reply to the discussion: Fox learned about the subpoena nearly three years ago (updated) [View all]ProSense
(116,464 posts)17. You know,
"Are you saying Mr. Rosen did something illegal?"
...I get that you're trying to shift focus from the point of the OP, which is that Fox lied, in order to talk in circles. So instead of responding to yet another red herring, I'll post the gist of my previous responses to similar obfuscation:
The insistence that there was no justification is a red-herring. You refuse to accept the facts or cannot explain why the courts issued the warrant, but continue to insist that the justification didn't exist. You cannot move to the next level and defend Rosen's actions because they clearly show that his motives were political, that he was fishing for classified information and that he intended to use it for a personal and political advantage.
Rosen instructed Kim to send him coded signals on his Google account, according to a quote from his e-mail in the affidavit: One asterisk means to contact them, or that previously suggested plans for communication are to proceed as agreed; two asterisks means the opposite.
He also wrote, according to the affidavit: What I am interested in, as you might expect, is breaking news ahead of my competitors including what intelligence is picking up. And: Id love to see some internal State Department analyses.
Court documents show abundant evidence gathered from Kims office computer and phone records, but investigators said they needed to go a step further to build their case, seizing two days worth of Rosens personal e-mails and all of his e-mail exchanges with Kim.
http://www.washingtonpost.com/local/a-rare-peek-into-a-justice-department-leak-probe/2013/05/19/0bc473de-be5e-11e2-97d4-a479289a31f9_story.html
He also wrote, according to the affidavit: What I am interested in, as you might expect, is breaking news ahead of my competitors including what intelligence is picking up. And: Id love to see some internal State Department analyses.
Court documents show abundant evidence gathered from Kims office computer and phone records, but investigators said they needed to go a step further to build their case, seizing two days worth of Rosens personal e-mails and all of his e-mail exchanges with Kim.
http://www.washingtonpost.com/local/a-rare-peek-into-a-justice-department-leak-probe/2013/05/19/0bc473de-be5e-11e2-97d4-a479289a31f9_story.html
http://www.democraticunderground.com/10022871121
Rosen wasn't having a casual conversation with Kim. He was seeking out classified information for personal and political gain. No one is trying to prosecute Rosen. That is the red herring that makes the criticism of a legal search warrant bogus. The target for prosecution is Kim. Leaking classified information is illegal, and if you get caught up in the leak of such information, you can expect to be held accountable.
<...>
In a 2010 affidavit in support of the search warrant, an FBI agent named Rosen as a possible co-conspirator in the case because he asked, solicited and encouraged Kim to give him information.
After extensive deliberations, and after following all applicable laws, regulations and policies, the Department sought an appropriately tailored search warrant under the Privacy Protection Act, said a department official, referring to a federal law that governs under what circumstances information can be subpoenaed from the news media. And a federal magistrate judge made an independent finding that probable cause existed to approve the search warrant.
Nevertheless, said the official, who spoke on condition of anonymity, Holder understands the concerns that have been raised by the media and has initiated a re-evaluation of existing department policies and procedures. The official said the department must strike the appropriate balance between preventing leaks of classified information and First Amendment rights,adding that passage of a new media shield law and appropriate updates to the departments internal guidelines will help achieve that.
http://openchannel.nbcnews.com/_news/2013/05/23/18451142-doj-confirms-holder-okd-search-warrant-for-fox-news-reporters-emails
In a 2010 affidavit in support of the search warrant, an FBI agent named Rosen as a possible co-conspirator in the case because he asked, solicited and encouraged Kim to give him information.
After extensive deliberations, and after following all applicable laws, regulations and policies, the Department sought an appropriately tailored search warrant under the Privacy Protection Act, said a department official, referring to a federal law that governs under what circumstances information can be subpoenaed from the news media. And a federal magistrate judge made an independent finding that probable cause existed to approve the search warrant.
Nevertheless, said the official, who spoke on condition of anonymity, Holder understands the concerns that have been raised by the media and has initiated a re-evaluation of existing department policies and procedures. The official said the department must strike the appropriate balance between preventing leaks of classified information and First Amendment rights,adding that passage of a new media shield law and appropriate updates to the departments internal guidelines will help achieve that.
http://openchannel.nbcnews.com/_news/2013/05/23/18451142-doj-confirms-holder-okd-search-warrant-for-fox-news-reporters-emails
Reporters caught up in criminal investigations involving the leak of classified information can expect to be scrutinized, even in cases where the report is not fishing for classified information to for personal and political gain.
Reporter Says He First Learned of C.I.A. Operative From Rove
http://www.democraticunderground.com/10022850304
A search warrant doesn't mean the subject of the warrant is guilty of a crime or is the person targeted in the criminal investigation.
Mr. Rosen was not charged with any crime. But the suggestion that he was a co-conspirator appalled many of his colleagues, some of whom rallied to his defense on Monday.
http://www.nytimes.com/2013/05/21/us/politics/white-house-defends-tracking-fox-reporter.html
http://www.nytimes.com/2013/05/21/us/politics/white-house-defends-tracking-fox-reporter.html
In fact, the affidavit states: "aider, abettor of co-conspirator"
The appropriate laws are cited in the OP: http://www.democraticunderground.com/10022902690
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You mean to say that Fox learned of something recently? Ha ha ha!! I doubt it.
Major Hogwash
May 2013
#2
Of course it's delayed-timing outrage. They were timing their outrage for ScandalMania™
JaneyVee
May 2013
#3
Shouldn't that be "FOX learned about the search warrant nearly three years ago"?
George Gently
May 2013
#7
Apology. CNN is reporting that FOX recently learned about the search warrant
George Gently
May 2013
#8
CONFIRMED: Obama government is waging an unprecedented, dangerous war on press freedom.
limpyhobbler
May 2013
#10
Fox lies all the time. That doesn't mean the government should be snoop-reading Fox's emails.
limpyhobbler
May 2013
#12
not what I heard. I heard the DOJ went to a magistrate and said Mr. Rosen might have conspired to
limpyhobbler
May 2013
#14
Mr. Rosen commited no crime. You keep implying he did something illegal. nt
limpyhobbler
May 2013
#18
Soliciting classified information from government employees is not a crime.
limpyhobbler
May 2013
#21
I can't tell whether you are deliberately trying to mislead people, or just confused yourself.
limpyhobbler
May 2013
#23
You probably think it is illegal for a reporter to ask a government employee for classified info.
limpyhobbler
May 2013
#27
There is no "crime of soliciting classified information". You just made that crime up. nt
limpyhobbler
May 2013
#30
Do you have a cite for that? US Code? I had a TS clearance for many years and learned
dumbcat
May 2013
#75
Yes it is, and I expect Rosen to indicted any day now, any time now ... pretty soon ...
SlimJimmy
May 2013
#38
Sure, they always accuse reporters of being co-conspitators in order to obtain search warrants
SlimJimmy
May 2013
#41
The judges *did* object to the part of the affidavit that asked to hide it from the news
SlimJimmy
May 2013
#48
LOL! Isn't the actual POINT that they don't "always accuse reporters of being co-conspirators . . .
George Gently
May 2013
#45
New flash for you. DOJ rules *require* it in the case of reporters and news organizations.
SlimJimmy
May 2013
#47
Absolutely wrong. The judges refused the *no notice* TWICE. They had to go to a third judge to
SlimJimmy
May 2013
#51
No, seriously. I wanted the rest of DU to be able to read and judge for themselves who offered
SlimJimmy
May 2013
#55
You are so mis-informed it is scary. *Any* delay in notification causes harm to the ideal
SlimJimmy
May 2013
#54
DOJ rules *require* it in the case of a news organization or reporter. What part of this don't you
SlimJimmy
May 2013
#60
DOJ Rules require quite a bit in reference to news media. But you already knew that, right?
SlimJimmy
May 2013
#65
No, it's you that are confused. A subpoena *was* issued for his phone records subsequent to the
SlimJimmy
May 2013
#69
Wow, your ignorance of facts is stunning. Even in the face of evidence to the
SlimJimmy
May 2013
#71
I already showed that a subpoena was issued for his phone records subsequent to the approval
SlimJimmy
May 2013
#73
That you continue to evade the fact that a subpoena *was* issued for his phone records subsequent
SlimJimmy
May 2013
#78
There are opportunists here who will champion FOX, repeat GOP talking points
emulatorloo
May 2013
#88
Yep and as far as I'm concerned championing Fox is fucking blatantly rooting for
DevonRex
May 2013
#89
THANK YOU VERY MUCH Prosense for your FACT BASED analysis. What detractors come back with is opinion
uponit7771
May 2013
#80
Have we been reading the same thread? Show me where I have *not* documented what I've been
SlimJimmy
May 2013
#87