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I'd Fox News senior judicial analyst judge Andrew Napolitano just -- Check this isn't about us.
It just so happens that this time is one of our reporters less -- was associated press -- -- -- next correct if James Rosen.
Did -- every single thing.
That the Department of Justice listed in the subpoena.
Where's the crime there there is simply no crime.
And it was it was terribly wrong for the FBI to tell a federal judge the FBI submitted -- half page stick affidavit here's a competent to a federal judge.
Which is the way you do what he would you summarize the the reason for which you you want to search warrant.
And then you say here's why this person behave criminally and here's the evidence the search warrant will uncover for the FBI to -- a federal judge that James committed a crime.
-- -- information and offering to publish it even by asking for classified information.
Is absolutely wrong and brings the Justice Department into an entirely new area of invasion.
A First Amendment privileges James like all of us who are professionals in this business.
Have an absolute constitutionally protected right.
To seek news of material interest of the public where ever that news made me.
Now don't don't get me wrong it is a crime for someone -- -- classified cleric clearance.
And classified materials in their hands.
To give it to someone who lacks that classified clearance.
It is not a crime if a person who receives it is a journalist it's not a crime for the journalists to receive it and it's not a crime for the journalist to ask for it.
It's not a crime for the journalists to publish it and is just terribly wrong to tell a federal judge that that journalists engaged in criminal activity.
When we know from Supreme Court opinions from the Pentagon papers to the president.
James is activity is absolutely protected by the First Amendment.
Where do they do issued this sort of his.
A by law they have to tell you they've done it.
They don't then yes I mean they went into our computer servers at Fox News went around our security.
Pulled things out and didn't tell us they don't send fox found out about it and James found out about it from report.
In the Washington Post this morning -- This happened two years ago this is dated may 28 2010.
The government has an obligation to report this to the target -- And to anybody else involved fox the computer server whoever else might be involved within a reasonable period of time in fact.
Depending upon what -- the government relied on.
When the information is in the hands of -- third party like like a computer server they have an obligation to tell you beforehand so you can challenge this.
Didn't tell anybody.
I read the word chilling a lot today it's in that in the statement has put -- -- one of our executives.
That's actually a word from the from the Supreme Court yes it is the Supreme Court has ruled that when the government makes it difficult for you to do your job as a journalist by scaring off your resources or watching your every move.
That's called -- Chilling as a constitutional phrase meaning.
The government hasn't directly silence me but it's made it more difficult for me to speak.
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