This isn’t going to go down well for Eric Holder and the administration. Last night NBC News reported that it was AG Holder who personally approved the decision to go after Fox News’ James Rosen. Today the Department of Justice told Reuters the NBC report is correct, possibly setting up the Attorney General to be indited for perjury.
The Justice Department said on Friday that officials up to Attorney General Eric Holder vetted a decision to search an email account belonging to a Fox News reporter whose report on North Korea prompted a leak investigation.
In a statement emailed to Reuters, the department said the search warrant for the reporter’s email account followed all laws and policies and won the independent approval of a federal magistrate judge.
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During testimony under oath Eric Holder told Rep. Hank Johnson (D-GA) that targeting journalists was bad policy and something he’d never been involved in.
This is what Holder told Congress:
“First of all you’ve got a long way to go to try to prosecute the press for publication of material. This has not fared well in American history… In regard to potential prosecution of the press for the disclosure of material. This is not something I’ve ever been involved in, heard of, or would think would be wise policy.“
This is surprising for two reasons, firstly that Hank Johnson asked a question that did not involve Guam tipping over because of too many marines. Even more important is that if you compare the statement released today with what he told Hank Johnson last week it looks like Eric Holder perjured himself to Congress.
But it gets much worse. When asked, Holder could always give the standard answer for both Steve Martin and anyone in the Obama administration, “HEY—I forgot!” Because of another piece of news reported by Ryan Lizza this afternoon, that answer would be hard to believe even for the Obama sycophants in the mainstream media.
You see, this was not just any search warrant, the Justice Department wanted permission to access James Rosen’s communications without letting him know afterwards, which is very unusual its so rare that two judges said no before the DOJ found one who would approve.
Ultimately what this means is this wasn’t any “rubber-stamp” type search warrant, they had to appeal twice to get their search approved. It is highly unlikely that even Eric Holder would forget an action against a major news organization which is rare enough, but one that took three tries to get a judges approval is even rarer.
As Lizza’s report says:
The Obama Administration fought to keep a search warrant for James Rosen’s private e-mail account secret, arguing to a federal judge that the government might need to monitor the account for a lengthy period of time.
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
Once again Eric Holder has been caught in a lie, however this time there may be a smoking
gun search warrant. Remember when this was supposed to be the most transparent administration in history? That didn’t work out very well did it?