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And welcome to FOX -- Sunday panel plus with Brit Hume Charles -- in -- and Juan Williams and as promised we're gonna continue.
The discussions -- what they argument we were happening about the president asking Eric Holder to review Eric Holder -- approval of the out to David for a search warrant in the James Rosen case Brett before you were so little -- Well.
If holder thought it necessary.
Because he was interviewed and he AP case.
To recuse himself from many decisions -- gory.
Certainly he should step aside.
In an inquiry into -- press freedoms have been chilled.
Buy it a case in which he was personally involved.
As well as the AP I think it's self evident -- it's inappropriate for him to me.
It would leading -- in query.
In which in part involves him it's just.
Obviously conflicted and let me just ask you one because I'm I'm not quite sure I understand your point.
Holder signed off on an affidavit it wouldn't have gone to the judge seeking they had already gotten -- phone records Adori had been able to track through grosans password and in the state of aren't.
They wanted his personal emails they needed a search warrant for that.
They went to the -- and an affidavit was written by an FBI.
FBI agent that holder signed off -- he approved the basically lays out the real possibility.
That the government was gonna charge.
James Rosen that was the basis on which they were arguing to the judge and in fact it's against the law you can be sued for a spot a false affidavit and he is -- up.
He has there's probable cause to believe.
That he violated this Espionage Act that he was -- co conspirator.
How can he investigate whether or not that was proper and improper when he was -- approved at the first flight.
-- -- he laid out he didn't lay it out it's laid out in a document that was presented to him as attorney general and he's -- and it still does that now that's ridiculous thrown away heat but here's the thing there is a legitimate point to be made is.
The reporter in this case.
Someone who is somehow involved in espionage the answer is obviously be to me is someone who knows -- -- and no there's just no way.
But what was presented to him on the basis of the work I'm not only by the FBI but by prosecutors who were trying to get this information a case build -- -- about against the even in the State Department.
Employee who was accused of leaking this information.
It was built up by this group of people and next time I think for a veteran prosecutor and that is Eric Holder.
To look at exactly what these underlings did and how they came.
To make this crazy claim that James Rosen has somehow potentially guilty of espionage.
Well it got I don't want to break up this wonderful discussion nobody can break a tie latest thrust on the -- I I think Eric Holder as he puts his signature on this document.
In his own mind is not thinking of prosecuting James -- he's misrepresenting a whole letter to the court well know what it is does it says it says in there that we have reason to believe -- -- -- -- -- are that's over and you can't get you couldn't get to search -- otherwise I understand that Brit Brit.
But we're talking now about whether holder sort of when he said that thing in congress like we should be prosecuted reporters.
Contradicts himself no because.
Team it -- think he has a prosecutor with prosecutorial discretion as he signs the document is not planning with the -- but then you if you -- not Clinton what that is trying represented the court and effective you are well he's trying to get information and ask him in -- annually have typical -- -- Mark Reynolds no you don't get in order in order to do -- he has to represent something that he has the legal right to -- but that he doesn't plan to act on later but let's not say how -- it.
Let me just as another I'm not -- -- and yet they.
I actually looked us up today because I was curious what are the sanctions against a false -- -- affidavit now I'm not.
You know do you have -- Argue whether or not it is a false affidavit but in fact it's a crime and you can be sued Ford and you can judge confine that you've committed eight a -- -- Violation of the law by signing a false affidavit out if he never had any attention and he says and as being you know I don't think.
Reporters should be prosecuted for this I think the president breaks the law is the State Department person who is Warren.
To hold on to this classified information and looking back he's -- There is probable cause to believe the reporter has committed a violation.
Of the law.
As an eight or a better and work co conspirator.
Now if he doesn't believe that because as you say he wasn't a prosecute him.
Then why should know that but then it's -- problem but that they aren't.
Referring to his prosecutorial discretion in other words he may believe.
There's probable cause.
Not planned later on to Q2 to follow through on it but then I'm not I'm not and you think what if the person go investigate that very narrow doesn't know what no I do not put to jump on the position of the of the magistrate to whom this is presented.
He's being asked to do something quite -- here which is to grant this search war without notice to the party affected.
And he's being asked to do that based on a premise.
And the premise is that the person who's the target of the search form -- -- whose whose email to the target.
Has committed a crime.
If he doesn't find that it is represented that way to him he has the authority to grant the warrant.
So for purposes of getting them warrant he has to make his representation which you -- is not lose a lot of will not what -- done a good thank -- got a lot to say anything.
-- -- -- And wow I get a word in okay can I take as much time I -- that line but there's only two minutes left so apparently.
I just want to make two points one is this affidavit that he signed off on the attorney general signed -- on.
Raises the types of recording techniques that James Rosen was engaged in as in.
Cajoling his his his leaker in lot flatter me.
And last time I checked that was sort of a common reporting technique all of this senior basically criminalizing.
Reporters trying to get information on -- national security in that matter and I would question the judgment of an attorney general has signed off on that.
They just as a political matter in terms of hold her.
I'm investigating himself for investigating the Justice Department he -- -- have to put this in the context of Fox News and that's White House keep in mind going back to Anita -- in this White House at the beginning of the administration who wouldn't let White House officials appear on this network.
So there is -- there's a broader political context all this about whether there can be an.
To me a fair and unbiased and.
Is there anything else it like -- -- apparently now.
Anything else it like I just I don't -- -- have -- seen the floor.
-- -- it -- -- very -- literally got just be clear I'm not saying.
That that this characterization would Jim Rosen did was correct record I'm just trying to sort of hold that narrow line that says holder could be.
Sort of himself not behaving illegally and wanted.
I think that the other point to make is that he's trying to find out if there's any basis for this and that's that's why you would have this checking up his.
Records and his pattern of bad programming it it's you know -- this agent you have more email you have more cell -- Prosecutors just have more access to how we as reporters work but it's not this thing -- therefore holder can't investigate himself.
I have not resign and I think -- that's what he's doing.
Yeah he's supposed to check on the justice but financially he usually just -- the -- himself.
You know what I love about this nobody ever gets the last word and thank you -- Second let us throughout -- let us know what you think about this controversy look for my Monday edition of Wallace unplugged he can find it right here at FOX News Sunday dot com and we'll see you back here.
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