photo of James Rosen
The case against James Rosen, Fox News reporter, endangers our First Amendment right to freedom of the press. It risks criminalizing journalism.
James Rosen is a Fox News reporter, not always right or left. He is now the target of the Obama DOJ for doing what reporters do.
Rosen finds sources to report what is happening in the government. He did that in 2009 when he reported leaked information on North Korea. The “classified” information was a nothing sandwich. Rosen was accused of using charm and guile to entice the leaker to reveal secret information to him. (It would have been hard to get the information if he wasn’t charming). That of course is a distraction and has nothing to do with the core problem.
The White House went after the leaker – a government adviser – and the reporter – Mr. Rosen – but did not limit themselves to the usual telephone records search to find out who was responsible for the leaks, they went for James Rosen’s personal emails.
It’s like rape.
They traced the reporter’s security badge access records to trace Rosen’s comings and goings from the State Department. They checked the timing of calls with a security adviser (who leaked the information) and then obtained a search warrant for his personal e-mails. Google turned them over.
They monitored James Rosen’s parents’ phone records.
Fox News obtained the court documents related to the James Rosen inquiry and found that the spying including Fox phones at the White House, the Pentagon and the State Department in an absurd overreach.
The documents show the DOJ gathered phone lines that link to Fox News executives.
The government adviser who leaked the information in this case was Stephen Jin-Woo Kim and the reporter, James Rosen, is chief Washington correspondent for Fox News. It’s exactly what happened in the AP case.
Normally, reporters are not named in these cases. The leakers are the only ones named and indicted. Rosen was not charged, but he was named.
National security is used as the reason for the prosecution and the naming. But a line has been crossed here.
The actual leak was of a report that said sanctions would only push North Korea to conduct more nuclear tests. Rosen published details about the report the same day it was made available to Kim and a small number of others in the intelligence community.
As one reporter said at the most recent Obama press conference, this administration has prosecuted more whistleblowers than all the previous administrations combined.
That is tyranny.
In order for the government to secure these warrants and spy on Rosen, they had to label Rosen a co-conspirator. If that doesn’t send chills down your spine, nothing will.
Rosen used aliases and a covert communications plan (obviously not covert enough) so he could get “breaking news ahead of my competitors.” Wow, let’s execute him!
So far, all evidence indicates that Rosen did nothing beyond what all reporters do. Fox News will provide legal counsel for Rosen, whose career has been severely damaged as a result of being named.
There are endless criticisms about the media because they fail to act as watchdogs. We must have reporters who serve as watchdogs – reporters who tell us what is going on in our government. There aren’t enough of them. There will be far fewer of them after this.
In this case, a reporter has been named as a co-conspirator for doing what reporters do. No reporter has ever been prosecuted for seeking classified intelligence and that threat now looms for Rosen.
By this administration’s guidelines, Woodward and Bernstein would have been imprisoned.
The Pentagon Papers case made clear that the media can receive classified documents without punishment.
The government in this case gathered evidence in secret by spying – a fishing expedition if you will – to possibly prosecute the reporter for doing his job. That should make you cringe. If it doesn’t, you are not serious about freedom of the press.
Read more at the Daily Caller
FBI Application and Affidavit for Rosen Search Warrant [The Obama administration found a judge who ruled the DOJ did not have to notify James Rosen that his emails were searched]