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View Diary: How Many Former NSA and FBI Counterterrorism Employees Will It Take For This Story To Reach The MSM? (140 comments)

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  •  I just finished reading the WaPo (3+ / 0-)
    Recommended by:
    sceptical observer, bobswern, xynz

    piece on the DOJ investigation into Fox News reporter James Rosen for reveling that North Korea might increase nuclear testing in response to an increase of UN sanctions.

    There was a revealing affidavit from an FBI agent that painted Rosen as a criminal for using an alias to protect his communications with  State Department adviser Stephen Jin-Woo Kim, saying that Rosen was “at the very least, either as an aider, abettor and/or co-conspirator.”

    This was apparently was done to circumvent Privacy Protection Act of 1980 that protects journalists and newsrooms from searches by government officials.

    From yesterday's WaPo story by Ann E. Marimow:

    “I believe there is probable cause to conclude that the contents of the wire and electronic communications pertaining to the SUBJECT ACCOUNT [the gmail account of Mr. Rosen] are evidence, fruits and instrumentalities of criminal violations of 18 U.S.C. 793 (Unauthorized Disclosure of National Defense Information), and that there is probable cause to believe that the Reporter has committed or is committing a violation of section 793(d), as an aider and abettor and/or co-conspirator, to which the materials relate,” wrote FBI agent Reginald B. Reyes in a May 28, 2010 application for a search warrant (pdf).

    The search warrant was issued in the course of an investigation into a suspected leak of classified information allegedly committed by Stephen Jin-Woo Kim, a former State Department contractor, who was indicted in August 2010.

    The Reyes affidavit all but eliminates the traditional distinction in classified leak investigations between sources, who are bound by a non-disclosure agreement, and reporters, who are protected by the First Amendment as long as they do not commit a crime.

    The ramifications of criminalizing the reporting of what our government is doing in our names is frightening. Criminalizing the press is an assault on freedom of the press.

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