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Well one new overnight -- Mea culpa from a judge in that Department of Justice is targeting of our chief Washington correspondent James Rosen.
District judge Royce Lamberth apologizing to the public and the media.
For not making documents in the investigation available earlier on line he blamed a series of administrative errors for the lack of transparency.
Peter Johnson junior joins us live right now -- -- -- the judge corrected and you grow wonderfully pointed out earlier in the show would have been helpful canola.
That and see these records prior before they'll like iron to the elections so that's.
Curious but I'm sure it's an administrative oversight you know.
The issue were talking about this morning is.
You know that the -- FBI and the Department of Justice Eric holder's Department of Justice accused our reporter James Rosen of espionage -- accused of being of a co conspirator in a -- and the better.
In espionage now criminal if you look at the -- at the statute not even carefully.
It shows that you needn't intent it shows bad faith it shows that you need to do something in order to hurt.
The United States and -- so here's James Rosen still the State Department still covering the State Department still covering Washington chief Washington correspondent.
But in an affidavit to the government says don't this guys a real.
He's a co conspirator and keep this confidential because.
If he gets -- in the evidence could be destroyed as a James Rosen has been destroyed them well James -- he's an apology.
The federal government needs to withdraw.
The statement that they may inaccurately in court that labeled him a criminal a -- The worst kind someone who engage in espionage against his own country.
That is the outrage of this thing that still stands.
For all the world to see that James Rosen -- -- -- co conspirator.
In an espionage charge is there's no evidence to back it up is absolutely -- he was simply doing his job is there any downside for the Department of Justice to apologized to mr.
-- Well the downside is is is pride.
And then -- is always a problem for some people especially government that's out of control.
But I think what we need to understand is there's a possibility.
That based upon the inaccurate statement that was made in the request for search warrant.
Of -- rose's personal records his family's personal records Fox News records here and a new York and in Washington.
That's the fruits of that search warrant what they actually got the evidence that they believe.
Is useful in prosecuting mr.
Kim the former State Department contract and -- that can -- Out the window.
That could be thrown out as inadmissible.
Based on the falsity of these statements that were made to the federal court that cause them to engage in the search warrant.
Get this straight -- so what you're saying is because they essentially they told quite a whopper to get the judge -- tell this story they could in effect.
Destroy that government case against the guy -- did the -- at the appropriate time Kim's lawyers could say this search warrant was not legal.
Was not constitutional.
Was not based upon accurate and truthful information.
And the fruits of this search warrant these calls these emails these movements.
That should be thrown out so there's a notion.
In the law and in common sense too cute by half so Rosen defamed.
And the case that they seek to make against mr.
A double whammy for being too cute.
-- -- -- legal karma are right Peter Johnson junior it is -- instinct you have for mr.
-- attorneys taken notes right now other pretty Smart from what I read they are are.
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