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Response to George Gently (Reply #40)

Mon May 27, 2013, 10:45 AM

41. Sure, they always accuse reporters of being co-conspitators in order to obtain search warrants

in these types of cases; or not.

As a matter of fact, they even tried to *hide* the warrant from the target in direct violation of DOJ rules. The only way they could get around that little problem was by *accusing* him of a crime in the affidavit. Even then, they had to *shop* for a judge in order to do it. That is shameful in my opinion. A new low for the DOJ.

And one last thing:

I'm proud of my defense of Rosen in this and the AP case. I'm very proud to carry water for the first amendment. You apparently, not so much.

The new documents show that two judges separately declared that the Justice Department was required to notify Rosen of the search warrant, even if the notification came after a delay. Otherwise: “The subscriber therefore will never know, by being provided a copy of the warrant, for example, that the government secured a warrant and searched the contents of her e-mail account,” Judge John M. Facciola wrote in an opinion rejecting the Obama Administration’s argument.

Machen appealed that decision, and in September, 2010, Royce C. Lamberth, the chief judge in the Federal District Court for the District of Columbia, granted Machen’s request to overturn the order of the two judges.

http://www.newyorker.com/online/blogs/newsdesk/2013/05/how-justice-fought-to-keep-rosens-warrant-secret.html

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