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DOJ Begged Judge to Keep Fox Reporter in Dark About Monitoring
NewsMax ^ | May 24, 2013 | By Todd Beamon

Posted on 05/25/2013 5:06:05 PM PDT by Jim Robinson

The Justice Department begged a federal judge to not tell Fox News reporter James Rosen that it was tracking his telephone calls and emails in a probe regarding a national security leak.

U.S. Attorney Ron Machen argued in 2010 that the traditional 30-day notice period did not apply to Rosen as Justice secretly monitored his Gmail account, according to new exhibits unsealed this week and disclosed by The Hill.

“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 a 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 another request granted by the court, stopped Google from telling Rosen that Justice was spying on his e-mail account, the Hill reports.

The prosecutor had demanded to see all of Rosen’s emails — including deleted messages, emails in his trash folder and all attachments sent to and from him.

The original warrant in the Rosen case was signed personally by Attorney General Eric Holder, NBC News reported this week.

Meanwhile, Fox News President Roger Ailes on Thursday blasted Justice for targeting journalists as if they were criminals and said the government's seizure of reporters' emails and phone records would not stand "the test of law."

“The administration’s attempt to intimidate Fox News and its employees will not succeed and their excuses will stand neither the test of law, the test of decency, nor the test of time,” Ailes said. “We will not allow a climate of press intimidation, unseen since the McCarthy era, to frighten any of us away from the truth.”

(Excerpt) Read more at newsmax.com ...


TOPICS: Crime/Corruption; Extended News; Front Page News; Government; News/Current Events
KEYWORDS: 201006; 2020election; alinskygovernment; alinskytactics; communism; corruption; criminalgovernment; democrats; dnctalkingpoint; dnctalkingpoints; doj; dojcorruption; dojisajoke; dojphonescandal; election2020; email; emails; ericholder; faux; fauxnews; foxnews; fueh; govtabuse; holder; jamesrosen; mediawingofthednc; newsmax; partisanmediashills; presstitutes; rapeofliberty; rogerailes; ronaldmachen; ronmachen; rosen; smearmachine; toddbeamon; tyranny
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To: Jim Robinson

I suspect that the DOJ is now reading the judge’s e-mail.


21 posted on 05/25/2013 7:29:21 PM PDT by Spok
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To: crosslink

Excellent inference, thank you.


22 posted on 05/26/2013 5:24:34 AM PDT by Hostage (Be Breitbart!)
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To: Jim Robinson

Newsmax

Justice Department Investigated NY Times Reporter Over Stuxnet Story

Saturday, May 25, 2013 09:41 PM

By: Todd Beamon

The Department of Justice investigated alleged national security leaks to a reporter for The New York Times over his story last year about the Stuxnet virus that was used to attack Iran’s infrastructure.

But, unlike the investigations involving Fox News journalist James Rosen and the Associated Press, DOJ examined email and telephone records of government officials who communicated with the Times reporter — David Sanger, the publication reported on Saturday.

“FBI agents asked the White House, the Defense Department and intelligence agencies for phone and email logs showing exchanges with a New York Times reporter writing about computer attacks on Iran,” the newspaper said. “Agents grilled officials about their contacts with him.”

Meanwhile, Fox News apparently knew nearly three years ago that the Justice Department had sought the telephone records of Rosen in a leak investigation, CNN reported on Saturday.

A law enforcement source told CNN that Justice notified a media organization almost three years ago of a subpoena for detailed telephone records, and another told the news agency that the organization was Fox.

Read at:

http://www.newsmax.com/Newsfront/Justice-Department-Investigated-Times/2013/05/25/id/506392


23 posted on 05/26/2013 6:08:22 AM PDT by KeyLargo
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To: Jim Robinson

wow.

That doesn’t sound legal at all.


24 posted on 05/26/2013 11:41:29 AM PDT by GeronL (http://asspos.blogspot.com)
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To: GeronL

Certainly not constitutional.


25 posted on 05/26/2013 11:51:29 AM PDT by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: Jim Robinson

I agree.

This government acts like a third world fascist dictatorship from top to bottom.


26 posted on 05/26/2013 11:52:40 AM PDT by GeronL (http://asspos.blogspot.com)
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To: Walkingfeather

Rosen’s emails were seized, with a judge’s approval, as part of the prosecution of Kim. In addition to a delay unsealing the documents for warrants, there was also a delay unsealing chief judge of the U.S. District Court in Washington Royce Lamberth’s 2010 order that the government wasn’t required to notify Rosen that his emails had been the subject of a warrant. Although that order was posted on the court’s website, it was not available on the public docket until now.

Lamberth apologized for these delays Wednesday this week saying a ”series of administrative errors by the court’s staff” caused them.

The documents reveal that two judges had said the Justice Department was required to notify Rosen of the warrants, the New Yorker reported. But U.S. Attorney Ronald C. Machen, Jr., requested in 2010 that the court exercise its power to keep sealed the warrants and related documents in this case as there “exists an extraordinary situation and compelling government interest, which justify such a sealing.”

Machen also requested the court order Google not to notify Rosen of the warrant either.

Lambert overturned the two judges who declared the Rosen was to be notified of the warrants, granting Machen’s request that the documents remain sealed.


27 posted on 05/26/2013 11:57:16 AM PDT by mware
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To: Jim Robinson
0bama was worried about scandals leaking BEFORE the election and was spying on the media in an attempt to preempt leaks harmful to America his re-election.
28 posted on 05/26/2013 12:19:34 PM PDT by GeorgeWashingtonsGhost
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To: hoosiermama
"Are they reading our freepmail ?

Gee, yah think? Of course, they are.

29 posted on 05/26/2013 2:41:25 PM PDT by jonascord (Hurrah for the Bonnie Blue Flag that bears a Single Star!)
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To: Jim Robinson

TIP OF THE ICEBERG OF CORRUPTION OF HOLDER


30 posted on 05/26/2013 4:48:23 PM PDT by Diogenesis (Vi veri veniversum vivus vici)
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To: hoosiermama

-——Are they reading our freepmail ?-——

Not only is our government looking at our freepmail....and postings.... But you can bet dollars to donuts other governments like China, Russia are looking as well....


31 posted on 05/26/2013 5:10:11 PM PDT by JZoback
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Join the 300!


FReeper I_be_tc issued a challenge for
300 FReepers to send in 100 bucks to help us reach our goal.
If 300 FReepers come through, this FReepathon will be over soon!!
Join the "300 Club" today!!

32 posted on 05/26/2013 6:51:44 PM PDT by RedMDer (You are Free Republic. There are no outside influences. Just us, all of us. Please donate today!)
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To: hoosiermama
Are they reading our freepmail ?

Probably. See my tag.

33 posted on 05/26/2013 8:25:22 PM PDT by upchuck (To the faceless, jack-booted government bureaucrat who just scanned this post: SCREW YOU!)
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To: Jim Robinson

I’d like to see the D.C.Bar go after both Machen and Holder.


34 posted on 05/26/2013 8:28:01 PM PDT by EDINVA
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To: Jim Robinson

This goes directly to the Marxist.


35 posted on 05/26/2013 8:32:49 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks JimRob.
U.S. Attorney Ron Machen argued in 2010 that the traditional 30-day notice period did not apply to Rosen as Justice secretly monitored his Gmail account, according to new exhibits unsealed this week and disclosed by The Hill.
[news from the future] In later years, a biography of Obama entitled "It Takes a Prison" was published to much fanfare, becoming the first billion-download seller.


36 posted on 05/26/2013 9:11:30 PM PDT by SunkenCiv (Romney would have been worse, if you're a dumb ass.)
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To: SunkenCiv

Thanks for the ping.


37 posted on 05/27/2013 5:43:52 AM PDT by GOPJ (Swedes bring their cars..savages their flames..burning cars a metaphor. D. Greenfield)
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To: Stonewall Jackson
I googled your comment - thought it might be Kafka... the only thing that came up in the search was your comment on FreeRepublic. Seems strangely appropriate for this thread. Anyhow, is it Kafka?
38 posted on 05/27/2013 5:56:49 AM PDT by GOPJ (Swedes bring their cars..savages their flames..burning cars a metaphor. D. Greenfield)
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To: hoosiermama
Are they reading our freepmail ?

When was freepmail added? The answer is; for about that long.

39 posted on 05/27/2013 6:02:27 AM PDT by Sirius Lee (All that is required for evil to advance is for government to do "something")
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To: GOPJ
It's actually from Star Trek: Deep Space 9.

The Cardassian Empire was one of the main opponents during the series. There was an episode when Chief O'Brien was arrested by the Cardassians on some trumped up weapon smuggling charges. He is informed that he is guilty of the crime and his court case will begin the next day to conform with that verdict.

Apparently this is standard procedure for the Cardassian courts. They give the verdict; then hold the trial, which is skewed to come up with that result.

40 posted on 05/27/2013 6:23:28 AM PDT by Stonewall Jackson (I aim to misbehave.)
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