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View Diary: Harmonic Convergence: AP Scandal, "We Steal Secrets" Premiere & Bradley Manning Trial (130 comments)

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  •  IANAL (2+ / 0-)
    Recommended by:
    Libbylalala, kefauver

    but it would help if you could substantiate this claim. AP does not own the phone records. The company they contract to provide service does. The scope was extremely narrow, a few pages of records covering a defined and short period of time, presumably to gain information about identity of persons who made calls in, calls out or both.

    •  From the DOJ's binding regulations: (2+ / 0-)
      Recommended by:
      aliasalias, gerrilea

      Department of Justice § 50.10

      (2) When there have been negotiations with a member of the news media  whose telephone toll records are to be subpoenaed, the member shall be given reasonable and timely notice of the determination of the Attorney General to authorize the subpoena and that the government intends to issue it.
      (3) When the telephone toll records of a member of the news media have been subpoenaed without the notice provided for in paragraph (e)(2) of this section, notification of the subpoena shall be given the member of the news media as soon thereafter as it is determined that such notification will no longer pose a clear and substantial threat to the integrity of the investigation. In any event, such notification shall occur  within 45 days of any return made pursuant to the subpoena, except that the responsible Assistant Attorney General may authorize delay of notification for no more than an additional 45 days.

      The subpoena was issued in April 2012 -- clearly, more than 90 days have passed since then -- and now, a year later, it's being reveled that these records were subpoenaed.  

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