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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHow Prosecutors Fought to Keep Rosen’s Warrant Secret
The Obama Administration fought to keep a search warrant for James Rosens 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.
he new details are revealed in a court filing detailing a back and forth between the Justice Department and the federal judges who oversaw the request to search a Gmail account belonging to Rosen, a reporter for Fox News. A 2009 article Rosen had written about North Korea sparked an investigation; Ronald C. Machen, Jr., the U.S. Attorney who is prosecuting Stephen Jin-Woo Kim, a former State Department adviser who allegedly leaked classified information to Rosen, insisted that the reporter should not be notified of the search and seizure of his e-mails, even after a lengthy delay.
E-mails, Machen wrote, are commonly used by subjects or targets of the criminal investigation at issue, and the e-mail evidence derived from those compelled disclosures frequently forms the core of the Governments evidence supporting criminal charges.
<snip>
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 Administrations 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 Machens request to overturn the order of the two judges.
<snip>
http://www.newyorker.com/online/blogs/newsdesk/2013/05/how-justice-fought-to-keep-rosens-warrant-secret.html
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How Prosecutors Fought to Keep Rosen’s Warrant Secret (Original Post)
cali
May 2013
OP
grasswire
(50,130 posts)1. hmmmmm Royce C. Lamberth.
Isn't he notorious for stinky decisions made during previous administrations?
ProSense
(116,464 posts)2. Good information:
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 Machens request to overturn the order of the two judges.
Rosen was not indicted in the case. Kim was indicted for making unauthorized disclosures of national defense information and for making false statements to F.B.I. agents about his contacts with Rosen.
Rosen was not indicted in the case. Kim was indicted for making unauthorized disclosures of national defense information and for making false statements to F.B.I. agents about his contacts with Rosen.
Warrants and decisions by judges.
cali
(114,904 posts)3. Yes, it is good information and it's quite revealing re the DoJ under Holder
"Yes, it is good information and it's quite revealing re the DoJ under Holder"
...it operates within the law.
geek tragedy
(68,868 posts)5. Legal but creepy.
That group discussion with media orgs is long overdue, it would appear.