2013 articles about the Department of Justice investigations of reporters

none September 2026 July 2021 In 2013, the United States Department of Justice, under Attorney General Eric Holder, came under scrutiny from the media and some members of Congress for subpoenaing phone records from the Associated Press (AP). Under similar justifications, a 2010 subpoena approved by Eric Holder implicated Fox News reporter, James Rosen, as a possible co-conspirator under the Espionage Act of 1917. Investigators gained access to the times of his phone calls, and two days of Rosen's emails. Stephen Jin-Woo Kim eventually pleaded guilty to violating the Espionage Act for communicating North Korean nuclear test plans to Rosen. These investigations provoked considerable criticism from major news organizations, and precipitated the revision of media guidelines at the Department of Justice. Associated Press On May 13, 2013, the Associated Press announced telephone records for 20 of their reporters during a two-month period in 2012 had been subpoenaed by the Justice Department. AP reported the Justice Department would not say why it sought the records, but news sources noted the US Attorney's office for the District of Columbia was conducting a criminal investigation into a May 7, 2012 Associated Press story about a CIA operation which prevented the Yemeni terrorist Fahd al-Quso's plot to detonate an explosive device on a commercial flight.Ingram David Associated Press says U.S. government seized journalists' phone records Reuters Canada May 13, 2013 http://ca.reuters.com/article/topNews/idCABRE94C0ZW20130513 https://web.archive.org/web/20140529084725/http://ca.reuters.com/article/topNews/idCABRE94C0ZW20130513 dead May 29, 2014 May 15, 2013 The DOJ did not direct subpoenas to the Associated Press; instead, the subpoenas were issued to their telephone providers, including Verizon Wireless.Gallagher Ryan Verizon Wireless Secretly Passed AP Reporters' Phone Records to Feds www.slate.com May 16, 2013 http://www.slate.com/blogs/future_tense/2013/05/16/verizon_wireless_passed_ap_reporters_phone_records_to_the_feds.html May 20, 2013 The AP claimed these acts were a "massive and unprecedented intrusion" into news-gathering operations.Sanchez Raf US Justice Department secretly seizes Associated Press phone records The Telegraph May 13, 2013 https://www.telegraph.co.uk/news/worldnews/us-politics/10055318/US-Justice-Department-secretly-seizes-Associated-Press-phone-records.html May 15, 2013Washington (AP) US government secretly obtained Associated Press phone records The Guardian May 13, 2013 https://www.theguardian.com/world/2013/may/13/america-government-associated-press-phone-records May 15, 2013 Gary Pruitt, CEO of the Associated Press stated: "These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two-month period, provide a road map to AP's newsgathering operations and disclose information about AP's activities and operations that the government has no conceivable right to know."Matt Smith and Joe Johns AP blasts feds for phone records search CNN May 14, 2013 http://www.cnn.com/2013/05/13/us/justice-ap-phones/?hpt=hp_t2 May 15, 2013Gary B. Pruitt AP letter to Eric Holder on seizure of phone records USA Today May 13, 2013 https://www.usatoday.com/story/news/2013/05/13/doj-seizes-ap-phone-records/2156819/ June 1, 2013 The US Attorney's office in Washington responded that federal investigators seek records from news outlets only after making "every reasonable effort to obtain information through alternative means." Verizon neither challenged the subpoena nor did it try to alert the journalists whose records were being requested. Debra Lewis, Verizon Wireless spokeswoman, said the company "complies with legal processes for requests for information by law enforcement."Charlie Savage and Scott Shane Verizon Wireless Secretly Passed AP Reporters' Phone Records to Feds The New York Times May 14, 2013 https://www.nytimes.com/2013/05/15/us/politics/facing-trio-of-crises-white-house-dodges-questions.html?pagewanted=all&_r=1& May 20, 2013 James Rosen On May 17, 2013, the Washington Post reported the Justice Department had monitored reporter Rosen's activities by tracking his visits to the State Department, through phone traces, timing of calls and his personal emails in a probe regarding possible news leaks of classified information in 2009 about North Korea.Marimow Ann E. A rare peek into a Justice Department leak probe The Washington Post May 19, 2013 https://www.washingtonpost.com/local/a-rare-peek-into-a-justice-department-leak-probe/2013/05/19/0bc473de-be5e-11e2-97d4-a479289a31f9_story.html?tid=pm_pop May 20, 2013 In obtaining the warrants, they labeled Rosen a "possible co-conspirator" with Stephen Kim.FoxNews.com Justice Department affidavit labels Fox News journalist as possible 'co-conspirator' Fox News May 20, 2013 https://www.foxnews.com/politics/justice-department-affidavit-labels-fox-news-journalist-as-possible-co-conspirator/ July 16, 2013Rove Karl Did Holder mislead Congress about targeting reporters like James Rosen? Fox News May 24, 2013 https://www.foxnews.com/opinion/did-holder-mislead-congress-about-targeting-reporters-like-james-rosen/ May 31, 2013 In a written statement, the Justice Department said it had followed "all applicable laws, regulations, and longstanding Department of Justice policies intended to safeguard the First Amendment interests of the press in reporting the news and the public in receiving it." Some analysts have described the Justice Department's actions as "aggressive investigative methods"Aamer Madhani and Kevin Johnson Are Justice Department leak probes causing a chill? USA Today May 21, 2013 https://www.usatoday.com/story/news/politics/2013/05/20/justice-leak-probes-cause-chill/2343827/ June 1, 2013Glenn Greenwald Obama DOJ formally accuses journalist in leak case of committing crimes The Guardian May 20, 2013 https://www.theguardian.com/commentisfree/2013/may/20/obama-doj-james-rosen-criminality June 1, 2013 that have a chilling effect on news organizations' ability to play a watchdog role. Fox News contributor Judge Andrew Napolitano commented: "This is the first time that the federal government has moved to this level of taking ordinary, reasonable, traditional, lawful reporter skills and claiming they constitute criminal behavior."'How Does Jay Carney Sleep at Night?': Napolitano, Kilmeade Discuss James Rosen Probe Fox News Insider May 21, 2013 http://foxnewsinsider.com/2013/05/21/judge-napolitano-government-has-never-gone-level-against-reporter https://web.archive.org/web/20130716164514/http://foxnewsinsider.com/2013/05/21/judge-napolitano-government-has-never-gone-level-against-reporter 2013-07-16 July 16, 2013 An editorial board of the New York Times wrote: "With the decision to label a Fox News television reporter a possible 'co-conspirator' in a criminal investigation of a news leak, the Obama administration has moved beyond protecting government secrets to threatening fundamental freedoms of the press to gather news."Another Chilling Leak Investigation The New York Times May 21, 2013 https://www.nytimes.com/2013/05/22/opinion/another-chilling-leak-investigation.html?_r=0 subscription July 16, 2013 Dana Milbank of the Washington Post stated: "The Rosen affair is as flagrant an assault on civil liberties as anything done by George W. Bush's administration, and it uses technology to silence critics in a way Richard Nixon could only have dreamed of. To treat a reporter as a criminal for doing his job — seeking out information the government doesn't want made public — deprives Americans of the First Amendment freedom on which all other constitutional rights are based."Dana Milbank In AP, Rosen investigations, government makes criminals of reporters The Washington Post May 21, 2013 https://articles.washingtonpost.com/2013-05-21/opinions/39419370_1_obama-administration-watergate-benghazi https://web.archive.org/web/20130526002740/http://articles.washingtonpost.com/2013-05-21/opinions/39419370_1_obama-administration-watergate-benghazi May 26, 2013 July 16, 2013 Department of Justice Days prior on May 15, 2013, Attorney General Holder had testified under oath in front of the House Judiciary Committee that he had recused himself from the leak investigations to avoid any appearance of a conflict of interest. Holder said his Deputy Attorney General, James M. Cole, was in charge of the AP investigation and would have ordered the subpoenas.Curry Tom Holder addresses AP leaks investigation, announces IRS probe NBC News May 14, 2013 http://nbcpolitics.nbcnews.com/_news/2013/05/14/18253923-holder-addresses-ap-leaks-investigation-announces-irs-probe?lite June 1, 2013 When questioning turned to the possibility of journalists being charged under the Espionage Act for reporting classified material, Holder stated: "With regard to the potential prosecution of the press for the disclosure of material, that is not something that I've ever been involved in, heard of or would think would be a wise policy."Charlie Savage and Jonathon Weisman Holder Faces New Round of Criticism After Leak Inquiries The New York Times May 29, 2013 https://www.nytimes.com/2013/05/30/us/politics/holder-faces-a-new-round-of-criticism.html?pagewanted=all&_r=0 June 1, 2013 On May 23, 2013, NBC confirmed with the Justice Department that Holder had personally signed off on the Rosen case. The Justice Department defended their decision and spoke about a balance between protecting national secrets and the 1st Amendment, stating: "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."Isikoff Michael DOJ confirms Holder OK'd search warrant for Fox News reporter's emails NBC News May 27, 2013 http://openchannel.nbcnews.com/_news/2013/05/23/18451142-doj-confirms-holder-okd-search-warrant-for-fox-news-reporters-emails June 1, 2013 The revelation brought into question whether Holder was being intentionally misleading during his previous testimony when he denied knowing of, or being part of possible prosecutions of journalists. House Committee members sent an open letter to Holder, saying: "It is imperative that the committee, the Congress, and the American people be provided a full and accurate account of your involvement."FoxNews.com House Republicans challenge Holder testimony on reporter surveillance Fox News May 29, 2013 https://www.foxnews.com/politics/house-republicans-challenge-holder-testimony-on-reporter-surveillance/ June 1, 2013 Perception Members of Congress and media figures have questioned the motivations behind the Justice Department's actions, and if they were even warranted: "For five days, reporters at the Associated Press had been sitting on a big scoop about a foiled Al-Qaeda plot at the request of CIA officials. Then, in a hastily scheduled Monday morning meeting, the journalists were asked by agency officials to hold off on publishing the story for just one more day. The CIA officials, who had initially cited national security concerns in an attempt to delay publication, no longer had those worries, according to individuals familiar with the exchange. Instead, the Obama administration was planning to announce the successful counterterrorism operation that Tuesday. AP balked and proceeded to publish that Monday afternoon."Carol D. Leonnig and Julie Tate Government Spying on Fox News Reporter Even Worse Than AP case The Washington Post May 15, 2013 https://www.washingtonpost.com/politics/some-question-whether-ap-leak-on-al-qaeda-plot-put-us-at-risk/2013/05/15/47003ed4-bd77-11e2-89c9-3be8095fe767_print.html May 16, 2013 On June 19, 2013, while giving a speech at the National Press Club, President and CEO of the Associated Press Gary Pruitt said: "Some longtime trusted sources have become nervous and anxious about talking with us — even on stories unrelated to national security. In some cases, government employees we once checked in with regularly will no longer speak to us by phone. Others are reluctant to meet in person... And I can tell you, that this chilling effect on newsgathering is not just limited to AP. Journalists from other news organizations have personally told me, that it has intimidated both official and nonofficial sources from speaking to them as well."Erik Wemple AP chief: Intrusive government is chilling journalism The Washington Post June 19, 2013 https://www.washingtonpost.com/blogs/erik-wemple/wp/2013/06/19/ap-chief-intrusive-government-is-chilling-journalism/ July 16, 2013 Aftermath The U.S. Department of Justice undertook a comprehensive evaluation of their practices and policies regarding issuing subpoenas, search warrants and court orders to obtain records or information from journalists, meeting with stakeholders in the news media, First Amendment advocates, and members of the Congress. The DOJ published a six-page report of the review entitled "Report on Revised Media Guidelines" on July 12, 2013.Report on Revised Media Guidelines https://www.justice.gov/ag/news-media.pdf Attorney General selected publications US Dept of Justice 16 April 2014 July 12, 2013 Holder said the "revised guidelines help ensure the proper balance is struck when pursuing investigations into unauthorized disclosures" and that these "reforms will make a meaningful difference". He claimed that "there are additional protections that only Congress can provide" alluding to media shield legislation.Statement of Attorney General Eric Holder on the Justice Department Report on Revised Media Guidelines https://www.justice.gov/opa/pr/2013/July/13-ag-783.html press release 13-783 US Dept of Justice 16 April 2014 July 12, 2013 Media lawyers involved in the negotiations of the revised guidelines called them a significant progress, but the reactions of journalists were mixed. David E. Sanger, veteran chief Washington correspondent of The New York Times, for example stated that the revised guidelines were "just formalizing what was observed in past administrations. The guidelines worked pretty well until the Obama administration came in."Leonard Downie Jr. with reporting by Sara Rafsky The Obama Administration and the Press https://www.cpj.org/reports/2013/10/obama-and-the-press-us-leaks-surveillance-post-911.php Committee to Protect Journalists 14 February 2015 10 October 2013 On February 24, 2014 the Attorney General Eric Holder signed the final new rules that lay down the guidelines for the U.S. Department of Justice on seeking information from journalists. The Attorney General's Order No. 3420-2014 mentions it lays down the "Policy regarding obtaining information from, or records of, members of the news media; and regarding questioning, arresting, or charging members of the news media."Holder Signs Final Rules Regarding Obtaining Information from Journalists http://www.jdjournal.com/2014/02/24/holder-signs-final-rules-regarding-obtaining-information-from-journalists/ 24 February 2014 JD Journal 24 February 2014 See also NSA warrantless surveillance controversy Mass surveillance References 2 Category:Political scandals in the United States Category:2013 controversies in the United States Category:2013 in the United States Category:2013 scandals Category:Obama administration controversies Category:Privacy of telecommunications Category:Privacy in the United States Category:United States national security policy Category:Surveillance scandals Category:2013 in Washington, D.C. Category:2013 in American politics Category:Counterterrorism in the United States Category:History of mass media in the United States