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One more question the the president approve of Justice Department's handling.
Of the Jin -- -- leak investigation.
We now know that the FBI investigators in this case not only.
Season James Rosen phone records they went through.
And read -- emails they tracked his comings and goings inside State Department.
Does the president approved 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 -- 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.
-- -- to that was -- story we heard last week to justify the AP story -- and same explanation this week.
From white house Press Secretary Jay Carney he was reacting there no question from Jon -- of ABC news after reports that the DOJ targeted our own James Rosen.
Telling a federal judge in -- 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 in depart 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 an effort to find the leaker a leaker who they thought they -- had.
And they had that sneakers 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 it 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 the 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 all those people who break their oath and put -- -- 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 and 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 a squad a secretly asked for the phone records about a hundred of the editors reporters at the New York Times.
He he he can you imagine what would happen if the Bush Administration had gone to court and filed a subpoena for secret cut -- a collection of information.
Alleging that a reporter for the New York Times I 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 and collect information reported that's their job under the First Amendment.
And this is really really chilling.
Well that and 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 well you know we did not for Natalie well very personally -- -- for allegedly -- secretary of state let's let me just meet with Lebanese and that it is not my who have violated the law there was no violence there was no.
I got -- it's -- about McCain on his wanted armored vehicles memory because.
He got questioned about it he was accused of lying to the federal investigators were investigating it but the point is the Bush Administration.
Was its members of -- or 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.
-- 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 -- -- 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 -- -- ethics and a look there's one other thing that I wanna I wanna go back to discuss this is what 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 of material.
That is something that I had then to -- that I have never been involved in -- 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 AP.
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 even if he does the -- -- himself the deputy attorney.
Right solidity nobody I know I -- stand by because we're yeah -- coming up to five seconds won't pick it up with you.
And the DOJ just issued a statement picking up there next.
-- the statement from the Department of Justice -- and in part as follows Lisa classified information to the press can pose a serious risk of harm to our national security it's important we pursue these matters using appropriate law enforcement tools.
Such investigations and prosecutions including in this particular case -- all applicable laws regulations and longstanding DOJ policies and -- to safeguard the First Amendment.
The question is Carl last week we are told by attorney general Eric Holder they had to run into court and get those that AP information with -- notice to the other side.
So they could mean -- have a lawyer present to try to narrow the request.
Because it was a matter of nationals here this is one of the worst weeks he'd ever seen.
At and -- Will hold.
This must be true because once again there was no -- -- Fox News no chance represent ourselves no chance to cooperate nothing they just took his records.
Well there's a big difference between the AP and the James Rosen incident though.
In the eight.
This is one where they are clearly focused on.
James Rosen was a member of a criminal conspiracy they wanted to prosecute not -- just the -- or they wanted to prosecute the reporter who got the leak.
And again I repeat last week.
Holder said quote prosecution of the press for the disclosure of material is not something that I've ever been involved in -- -- would think would be wise policy so.
Was he did did the FBI get this without his approval is required by Justice Department guidelines was he lying under oath to a congressional committee.
Or it did was this decision made by one of his deputies.
Because he recused himself or was he simply.
Not in control of the Department of Justice because there's a difference we go to the AP and trying to identify the leaker by looking at their records it's another thing entirely as in this instance to say we're gonna prosecute reporter for doing their job.
-- -- haven't prosecuted -- they did prosecute the leader bleaker it's an ongoing case it was brought nearly 33 years ago.
But the fact is it that doesn't that doesn't change that the issue of -- naming James is a critical co conspirator -- -- -- -- it.
Yeah that's exactly right.
That you like you can't prosecute somebody unless you suggest that you're gonna prosecute a man this is a very clear declaration.
By the FBI and the Department of Justice that they considered him a target of a criminal investigator out there wanted to prosecuted for criminal and how they're -- place is beyond the pale.
Had -- -- -- thanks so much.
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