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One more question for the president approved.
Justice Department's handling.
Of the Jin -- -- leak investigation.
We now know that the FBI investigators in this case not only sees James Rosen phone records they went through and read his.
Emails being -- his comings and goings inside the State Department.
Does the president approve of that kind of action by the Justice Department against him report.
I will refer you to what the president said in response to a question about another matter along these lines and that is that he is a strong defender of the First Amendment.
-- and a firm believer believer in the need for the press to be able to pursue.
To conduct investigative reporting -- facilitator free flow of information he is also.
As a citizen and as commander in chief.
Insistent that we protect us our secrets that we protect classified information and it leaks.
Didn't take very seriously the leaks of classified information because leaks can endanger the lives.
Men and women in uniform and other Americans serving overseas for our country.
It's on to that -- we heard last week to justify the AP story now and same explanation this week.
From white house Press Secretary Jay Carney he was reacting or no question from Jon -- of ABC news after reports that the DOJ targeted our own James Rosen.
Telling a federal judge in order to get a search warrant for all of James is records that James was part of a criminal conspiracy.
They had to say that because they wanted to go in court into court without telling us that telling James so they could have no opposing counsel.
And convince a judge to let them read his emails including personal emails.
Track his movements.
All in an effort to find the leaker a leaker who they thought they -- had.
And they had that -- records but they want to see James is as well.
Moments ago the executive vice president for news here at the Fox News Channel Michael Clemente issued a statement.
It reads as follows we are outraged to learn today that James Rosen was named a criminal co conspirator for simply doing his job -- a reporter.
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.
Karl Rove is a former senior advisor and deputy chief of staff to president George W.
Bush also Fox News contributor.
Carl your reaction to this breaking news.
Look every American has sympathy for.
On the release.
Confidential secret information to government.
But I thought there was a fellow who spoke to this question last week.
You in front of congress who put -- right he said the focus should be on those people who break their oath and put America the American people risk.
Not our reporters who gather this information.
They get should not be the focus of these investigations that wouldn't -- that was attorney general holder.
Speaking before a house committee in response to a question by congressman Hank Johnson of Georgia and it look we -- we had to pick it confront this question during the Bush Administration.
There were -- -- of classified information and in the each and every instance the focus was on the potential leak.
Not a reporter who received it.
I can you imagine what would happen if the New York Times which was the recipient of -- number of those confidential -- if if the Bush Administration.
Had asked for the phone records that's quite a secretly asked for the phone records -- -- -- hundred of the editors reporters at the New York Times.
He DED can you imagine what would happen if the Bush Administration had gone into court and filed a subpoena for secret -- a collection of information.
Alleging that a reporter for the New York Times was part of a criminal conspiracy what we know exactly what would be happening today.
Look is that the focus ought to be on the people who do the leaking the press is supposed to try -- collect information reported that's their job under the First Amendment.
And this is really really chilly.
Well that that -- -- everybody remembers everybody remembers all he has the Valerie Plame incident and Scooter Libby went to jail for that week.
And President Bush refused to where are you doing good not for Natalie well very personally I'd record for allegedly -- secretary of state let's let me just meet with Lebanese and that it is not -- -- violated the law there was no -- there was no.
I got -- and it's a lot of -- -- on as well as an armored -- memory because.
He got questioned about it he was accused of lying to the federal investigators -- investigating but the point is the Bush Administration.
Was its members of -- were accused of leaking to the New York Times including our own that now Fox News contributor Judy Miller.
-- information about this woman's identity you were involved in that as well.
But Judy Miller went to jail because she refused to disclose her source and in covering that case I never remember a sideshow about.
The Bush Administration secretly.
Subpoena hiding her phone records and her emails and getting search warrants without giving notice to her counsel -- -- So that they can just get to the bottom of the information whether she wanted them to or not.
Well in -- to go one step further Megan.
It was my experience I think it was experience of anybody else who was who was asking me in the Bush Administration we all signed.
Affidavits that that said if you are reporter who had a conversation with me about this there is no presumption of confidential item mark -- on my part.
You can disclose any conversation any communication any email any any discussion between us about this issue.
Without violating your journalistic group what in ethics and a look there's one other thing -- don't wanna I wanna go back to this because this is -- this makes it even the current in an effort.
Even more chilling.
In that testimony under oath.
The attorney general said quote with regard to potential prosecution of the press.
For the disclosure material.
That is something that I had then to -- that I have never been involved in herd of or would think would be wise policy in quote now the reason this is troubling to me is we do know that he said that he recused himself from the eight.
But he did not say that he recuse himself from the James Rosen incident and this is subpoena.
Asked for by the FBI under under Department of Justice guidelines could not have been requested without the approval of the attorney general.
Or -- if he does refuse himself the deputy attorney to.
Right -- know about what I -- I can't stand by because we're at a heartbreak coming up by -- -- pick it up with you and the DOJ just issued a statement we'll pick it up there now.
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