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View Diary: Report: Holder approved search warrant labeling reporter as a co-conspirator (356 comments)

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  •  What was the probable cause? n/t (0+ / 0-)

    We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

    by Zwoof on Fri May 24, 2013 at 08:40:44 AM PDT

    [ Parent ]

    •  I'm not following your question. (0+ / 0-)
      •  To get a warrant, law enforcement has (2+ / 0-)
        Recommended by:
        nominalize, wadingo

        to show a judge probable cause that a crime was committed as I understand it.

        We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

        by Zwoof on Fri May 24, 2013 at 09:09:21 AM PDT

        [ Parent ]

        •  As emptywheel notes, (6+ / 0-)

          the DOJ is invoking an exception to the media protections in the Privacy Protection Act:

          But it’s worth noting the strategy — and the purpose it serves — because it is almost certainly still in effect. FBI Special Agent Reginald Reyes accused Rosen of being a criminal so he could get around the Privacy Protection Act protections for media work product (See pages 4 and following), which specifically exempts “fruits of a crime” or “property … used [] as a means of committing a criminal offense.” Then he further used it to argue against giving notice to Fox or Rosen.

              Because of the Reporter’s own potential criminal liability in this matter, we believe that requesting the voluntary production of the materials from Reporter would be futile and would pose a substantial threat to the integrity of the investigation and of the evidence we seek to obtain by the warrant. (29)

          While the AP’s phone records weren’t taken via a warrant, it would be unsurprising if the government is still using this formula — journalists = criminals and therefore cannot have notice — to collect evidence. Indeed, that may be one reason why we haven’t seen the subpoena to the AP.

          Of course, this is not just about journalists. In this schema, providing information about what our government is doing in our name to citizens constitutes a crime.

          This criminalization of journalism is a fundamentally anti-democratic stance.

          http://www.emptywheel.net/...

          So the issue is not whether or not they got a warrant, but why, not just in the case of Rosen but in other cases as well, the DOJ is invoking the same formula of journalists as criminals to eviscerate the media protections.

    •  Read upthread (3+ / 0-)
      Recommended by:
      nominalize, jdsnebraska, Tony Situ

      Apparently Rosen stated his intent as being to influence politics, rather than to report.

      I.e., he was not acting as a journalist, but a political operative.

      Apparently a Bush appointed judge agreed and granted the warrant.

      We should all read the affidavit before coming to any conclusions.

      Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek. Barack Obama

      by delphine on Fri May 24, 2013 at 09:32:02 AM PDT

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