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-- thank you.
So is this administration out of control when it comes to its crackdowns on the free press.
Joining me now Judy Miller she's a Pulitzer Prize winning journalist and a Fox News contributor Jen Rubin is a blogger for the Washington Post in a former attorney.
Recovering attorneys would like to say in Kirsten Powers is a columnist for the Daily Beast and -- Fox News contributor James Rosen he's got criminal and flight risk.
Written all over him.
And the point I'd make in raising a joke about what is a serious subject is this is a farce this FBI affidavit in support of getting James is records and Fox -- -- records.
With out any notice.
To the other side -- -- -- -- in an object.
It was farcical if they they had to say it so they could do it without any other lawyer coming in and the question is whether that is -- design aimed -- Campaign.
As part of a larger effort to silence the media.
That are critical of this administration Judy.
Well I think there's a broader question -- and the excellent ones you Barney asked witches.
Is the government making a very new argument here by attempting to criminalize reporting itself mean in the search warrant.
The government said we believe that mr.
Rosen in soliciting information from his alleged source.
Was actually conspiring with him to violate the Espionage Act of 1917.
That's an extraordinary.
And I don't know many First Amendment judges -- People -- Some of us who think that they that that they've ever heard this before so.
This is an extraordinary.
And radical interpretation of law and to talk and they used it to get such widespread.
In the eight.
Going initial questions they have the right to investigate -- of national security information.
But the wide net they cast in the AP case getting that that's the personal -- long records of the reporters involved -- and it now we find out that roses parents.
I'm Staten Island they had to have their records mr.
McEnroe bye week it's.
Isn't a little it it's sees it -- It really is and Judy is capsule in right I don't think she's a lawyer but she should be one because -- right on the money I talked the other day.
-- -- Floyd Abrams probably the most prominent lawyer in America First Amendment issues and he called this accessory theory.
Just -- -- unprecedented.
He believes that this would be.
Considerable impediment for the media.
It's never been tried before not this -- ever been tried before buying other administration not the Nixon administration that the Bush Administration.
The real and -- we have certain guidelines within -- today.
It's so that they will narrow they will come into the news organization involved they will discuss alcohol volunteer -- -- think.
That records don't ever ask James me turn over any records he might not up but they -- asked.
And so they go and they churn out and -- legal theory accessory -- -- They -- this wide dragnet and of course it's -- to the media of course it is casting a spell.
Not only on the media but of course their sources on if the sources understand that every -- -- an opponent talked with journalist.
Their phone number is going to be -- or -- conversation is going to be intercepted some Patrick who accompanied.
Now and I do -- to say that we don't have the last four digits of a couple of the lines that the lines that look like the Fox News lines and look like that -- -- Rosen outlined on Staten Island but.
We've got the -- -- got the first you know that they area code in the prefix and all the writings on the wall so we'll see for sure but.
You know this is the president but this is the position you're in -- went.
They don't give you any notice and you're getting all your information from third parties in your Fox News you're learning and that your reporter.
I had all those records search from a report in the Washington Post.
-- will look -- -- and they have.
And contemptuous from the get go of the idea of dissent in a free media and many of us who are fox know that quite well because they came right out of the gate.
In their first year and went into a campaign of think if anything delegitimize that's.
Patent you know and you and that was there weren't not legitimate which is very chilling language to come from.
An administration so I don't it -- if that's where they start that they actually can't handle even one media outlet that has and he's dissent or criticism.
This really shouldn't be a surprise to anybody and also if you look at the -- -- Way that they've approached things they created all sorts of legal theories to justify things that they Don whether it's assassinating an American citizen.
But they wouldn't even answer a question of whether the president can do that on.
I'm on the Americans -- until there was a filibuster the basically forced them and yet they're completely unaccountable.
And it is meant to chill dissent it is meant to make people to be afraid that is the whole point of what happened if he that if all went up what happened.
To judge James Rosen is to tell whistle blowers if you're gonna talk to a reporter were watching you to tell reporters were watching you and we need him props.
You better shut up and you better shut up and I I want to ask is because it was one thing in the media.
When it which is Fox News -- -- President Obama continually calling out Fox News and certain right wing radio talk show hosts and so on.
And then he tried exclude us from certain round Robin interviews that they would give an and at that point -- -- did objectives said.
You can't do that you can't you can't exclude one news organization but it was one -- -- is fox but now it's not just fox now we've seen CBS news -- -- it could get cracked down on in and criticize than we've seen.
The AP get its record search and they they seem to be paying a little more attention Judy.
Well they they do and I I think in defense of the administration and this is a point that isn't -- very often.
You know this president and his people do have an obligation to protect national security we're not living.
And I unable post Watergate world we're living in a post 9/11 world -- Yes the government is going to take measures to crack down on lakers plan.
When information involving sources is compromised but the issue is what is -- the search warrants and subpoenas issues here commensurate with -- -- When they narrowly tailored others and they're supposed to be because I was at the inauguration of Barack Obama -- When he stood up there and said we don't have to sacrifice our liberties our ideals.
In protection of national security now that was a reference to his predecessor George Bush.
But now that he's at the Helm.
You know the First Amendment the freedom of the press that seems to be something that is not as important to him when it comes to national security there is a balance that's that can be struck.
Are they striking the right one.
While we have not they're actually on the we have the Boston bombing he looks the other way -- -- But -- -- -- uses.
Chemical weapons so he really isn't doing a very good job on national security and he's also trampling on civil liberties.
So if there's some trade there ally and I for their needs to be what he's not keeping his end of the -- hit.
And -- his entire attitude that he he doesn't know about this this is all the Justice Department he has nothing to -- This is part of his new game that we kissed me in charge of the government meet president United States.
And that's just outrageous and he's present -- United States he has every right every ability to tell the Justice Department.
To return for the procedure that every administration has followed up until now.
He hasn't done this instead he hides behind Jay Carney -- hides behind.
Some other spokesperson -- the act is getting tired I think this is also contributing.
To the real frustration of the press as the nine answers the changing answers.
It's claiming responsibility for anything and everything.
And I think people that.
Do we get to know -- -- -- some point to somebody go to Eric Holder or trees each mailer his spokesperson and say.
How many of us have you listen to how many of us have had our phone records subpoenaed without our knowledge.
While I'm -- Eric Holder was asked how many subpoenas he'd signed off on and he said he didn't know.
So that would suggest that there are.
They exist at least and that the number I guess it's too hard for him to keep track of but I just wanted to say that -- this even this idea that the administration pursues sneakers is actually -- not entirely accurate what they pursue his whistle blowers.
They pursue people who are calling things out -- the government out for.
For doing things things that they don't want to be called out but when information is leaked that benefits the president.
Those people are not -- every bit as there -- leak investigation into who leaked the information about the Osama bin Laden right.
-- -- -- -- that I'm not aware that you know so this so we have to keep -- it keep it clear about what they're focusing.
Prospective prime minister to send emails to myself from myself but he's fearful that might not actually -- the record advance.
Lady thinking that.
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