From Fox News:
The Justice Department obtained a portfolio of information about a Fox News correspondent’s conversations and visits as part of an investigation into a possible leak, The Washington Post reported Monday — in the latest example of the government seizing records of journalists.
This follows the charge that the department secretly obtained two months of phone records from Associated Press journalists as part of a separate leak probe. The department in this case, though, went a step further, as an FBI agent reportedly claimed there’s evidence the journalist in question — Fox News’ James Rosen — broke the law “at the very least, either as an aider, abettor and/or co-conspirator.”
That detail would potentially send the case into unprecedented territory. No reporter has been prosecuted for seeking information. Such cases often target the suspected leaker, but not the journalist who published sensitive or classified information.
In the case involving Rosen, a government adviser was accused of leaking information after a 2009 story was published online which said North Korea planned to respond to looming U.N. sanctions with another nuclear test.
The Post reported that federal investigators, in pursuing the case, obtained email records from Rosen — but also records of his visits to the State Department headquarters by tracking security-badge information. According to the article, a court affidavit said they used the badge records to log his visits as well as the movements of the adviser, Stephen Jim-Woo Kim.
An FBI agent said in the affidavit that the visits suggested a “face-to-face” meeting.
The documents reportedly show investigators seized two days of Rosen’s personal emails, including exchanges with Kim, as well as two months of phone records from Kim’s office.
Asked about the story, White House Press Secretary Jay Carney only noted that it was an “ongoing criminal investigation” and that President Obama is a “firm defender of the First Amendment and freedom of the press.”