What First Amendment?: Obama v James Rosen

Secretary_Kerry_Conducts_an_Interview_With_Fox_News'_Rosen
Justice Department obtained records of Fox News journalist

FoxNews.com

The Justice Department obtained a portfolio of information about a Fox News correspondent’s conversations and visits as part of an investigation into a possible leak, The Washington Post reported Monday — in the latest example of the government seizing records of journalists.

This follows the charge that the department secretly obtained two months of phone records from Associated Press journalists as part of a separate leak probe. The department in this case, though, went a step further, as an FBI agent reportedly claimed there’s evidence the journalist in question — Fox News’ James Rosen — broke the law “at the very least, either as an aider, abettor and/or co-conspirator.”

That detail would potentially send the case into unprecedented territory. No reporter has been prosecuted for seeking information. Such cases often target the suspected leaker, but not the journalist who published sensitive or classified information.

Michael Clemente, Fox News’ executive vice president of news, defended Rosen in a statement issued Monday afternoon. “We are outraged to learn today that James Rosen was named a criminal co-conspirator for simply doing his job as a reporter,” Clemente said. “In fact, it is downright chilling. We will unequivocally defend his right to operate as a member of what up until now has always been a free press.”

The case has also caught the attention of Congress. Sen. Marco Rubio, R-Fla., said in a statement Monday he was “very concerned” about the reports of “possible criminal prosecution for doing what appears to be normal news-gathering protected by the First Amendment.”

He added: “The sort of reporting by James Rosen detailed in the report is the same sort of reporting that helped Mr. Rosen aggressively pursue questions about the Administration’s handling of Benghazi. National security leaks are criminal and put American lives on the line, and federal prosecutors should, of course, vigorously investigate. But we expect that they do so within the bounds of the law, and that the investigations focus on the leakers within the government — not on media organizations that have First Amendment protections and serve vital function in our democracy.”

Keep Reading … FoxNews.com

Image: Source: http://www.flickr.com/photos/statephotos/8531029273/sizes/o/in/photostream/; author: U.S. Department of State; public domain

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