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FBI: Journalist may have commited crime in reporting information

By Pete Yost

Associated Press

LAST UPDATED: 02:48 p.m. HST, May 20, 2013

WASHINGTON >> In another case of the Obama administration investigating classified information improperly disclosed to reporters, the government is prosecuting a State Department expert on North Korea in a probe that appears to step into uncharted territory — by declaring that a journalist is committing a crime in disclosing leaked information.

During the investigation of State Department adviser Stephen Kim, law enforcement officials obtained a search warrant for some private emails of James Rosen, the chief Washington correspondent for Fox News. Investigators also tracked Rosen's comings and goings from the State Department.

An FBI agent seeking the search warrant spelled out the government's view of the journalist's role, saying the reporter is a co-conspirator and that there is probable cause to believe that the reporter committed a violation of criminal law.

"We are outraged to learn today that James Rosen was named a criminal co-conspirator for simply doing his job as a reporter," said Michael Clemente, Fox's executive vice president for news. "In fact, it is downright chilling. We will unequivocally defend his right to operate as a member of what up until now has always been a free press."

Kim, who is awaiting trial, is accused of revealing secrets to the news organization. No charges have been filed against Rosen.

The Kim case is further along than a more recent leak probe in which prosecutors secretly subpoenaed Associated Press phone records. In the AP case, AP President and Chief Executive Gary Pruitt said the government's conduct has already had a chilling effect on newsgathering, a week after the AP subpoenas were revealed publicly.

In June 2009, Rosen reported that U.S. intelligence officials warned President Barack Obama and senior U.S. officials that North Korea would respond to a United Nations Security Council resolution condemning nuclear tests with another nuclear test.

The 2010 affidavit for a search warrant, first reported by The Washington Post, does not identify Rosen as "the reporter," but he wrote the story at issue, and Fox News confirmed it was him today.

The White House wouldn't comment about tracking Rosen, citing an ongoing criminal investigation. Instead, White House spokesman Jay Carney cited a media shield law Obama supports as evidence of his commitment to journalistic freedom, reprising an argument the White House used a week earlier in declining to address the Justice Department's probe involving AP.

"The president believes it's important that we find a proper balance between a need — absolute need — to protect our secrets and to prevent leaks that can jeopardize the lives of Americans and can jeopardize our national security interests on the one hand, and the need to defend the First Amendment and protect the ability of reporters to pursue investigative journalism," Carney said.

In the Kim case, "based on the investigation and all of the facts known to date, no other individuals, including the reporter, have been charged since Mr. Kim was indicted nearly three years ago," said the U.S. Attorney's office in Washington, D.C., which is prosecuting the case.

The Justice Department said that improper disclosure of classified information to the press can pose a serious risk of harm to national security, and said it has followed the law and its policies to protect First Amendment rights.

The material at issue in the Kim case came from an intelligence report that had been communicated to officials in the intelligence community, including Kim, on the morning that Rosen's story was published, according to the affidavit for a search warrant by FBI agent Reginald Reyes. Between the time of that communication and when the story was published, someone with Kim's unique electronic profile and password accessed the report at least three times.

Citing telephone call records, the affidavit also said that multiple phone calls were made between the two that day, including two from Kim when someone with his profile was viewing the report. The FBI agent also cited multiple calls between Kim's cellphone and Rosen and his news organization.

The FBI went well beyond phone records to try to establish a connection between the two. The agent wrote that State Department security badge access records showed that Kim and Rosen, who had an office at the State Department at the time, left the building at nearly the same time that day, were gone for about 25 minutes, and returned around the same time. The FBI affidavit also said that when State Department Diplomatic Security personnel entered Kim's office space two months later, they found Rosen's article "lying in plain view" on Kim's desk.

The affidavit stated that the email communications, obtained by search warrants on Kim's Yahoo email accounts, show Rosen and Kim used aliases — "Alex" and "Leo," respectively. In one email, Rosen writes: "What I am interested in, as you might expect, is breaking news ahead of my competitors ... Let's break some news, and expose muddle-headed policy when we see it."

Rosen encouraged Kim to disclose sensitive U.S. internal documents and intelligence about North Korea (identified only as the "Foreign Country"), according to the affidavit.

"The reporter did not possess a security clearance and was not entitled to receive the information published in the June 2009 article," wrote Reyes, the FBI agent.

U.S. Magistrate Judge Alan Kay signed the warrant.


Associated Press writers Frederic J. Frommer and Josh Lederman contributed to this report.

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peanutgallery wrote:
and if you believe this story, you're so high on Kool-Aid, you're beyond a 12 -step.
on May 20,2013 | 05:51PM
sailfish1 wrote:
What evidence do YOU have to disprove the story? When there were leaks of confidential and classified information, you were probably also blaming the Obama administration for that.
on May 20,2013 | 07:16PM
Pacej001 wrote:
Bye Bye freedom of the press.
on May 20,2013 | 06:22PM
eoe wrote:
on May 20,2013 | 09:07PM
Pacej001 wrote:
Uh, tyranny makes you sleepy?
on May 21,2013 | 07:30AM
roadsterred wrote:
Wow, our national security has been breached. It's a good thing that the FBI has been on top of this. We can all sleep peacefully because we know that the FBI has plugged a significant leak which could have toppled our Federal Government. The nation owes a debt of gratitude to Obama and his minions.
on May 20,2013 | 06:23PM
entrkn wrote:
Fox has been pressing their luck and their political agenda so now they have stepped over the edge on this and they will almost certainly pay a very high price... which I could not encourage enough!
on May 20,2013 | 07:52PM
droid wrote:
What if it was CNN instead of Fox? Would you feel the same? If the answer is no, then obviously you are clueless about how the U.S. Constitution works.
on May 21,2013 | 02:21AM
AhiPoke wrote:
Actually, if this had been CNN my guess is that the Obama administration would have demanded a promotion for the reporter. LOL
on May 21,2013 | 07:07AM
pizza wrote:
Since when does the media's appetite to break a story for ratings and advertiser monies supercede national security. The public doesn't have the right to know everything... Not like the public wil be anything but twitterpated over news anyhow... Just another effect of the dumbing down of America. And on the other hand, can one actually use a fishing rod to catch the smoking gun?
on May 20,2013 | 10:04PM
black3000psi wrote:
freedom of the press has never given anyone the right to make public classified information.the fact that a reporter is willing to accept classified information and make it public simply shows that individual has no sense of responsibility, moral fiber, or integrity.
on May 21,2013 | 12:12AM
Pacej001 wrote:
Where were you during the Bush years when liberals thought it was just fine for outlets like the NY Times to release classified info on counter terrorism programs?
on May 21,2013 | 07:32AM
Uncleart66 wrote:
Show us your papers! Comrade ......
on May 21,2013 | 04:03AM
inverse wrote:
This info on North Korea is irrelevant compared to vice president Biden outing Seal Team Six and their raid /killing of Bin Laden. Many Seal Team Six members are now dead, killed in a unescorted helicopter flying in Afghanistan. Who is the worse leaker of information? We have voter suppression in Hawaii and government agencies like the FBI , DOJ and IRS using Gestapo tactics that would have made Mao proud. Believe.
on May 21,2013 | 05:44AM
Pacej001 wrote:
But now, the news report is that DOJ isn't "inclined" to prosecute. The real aim was just to shut up the press and to misuse their power to get the subpoena in the first place.
on May 21,2013 | 07:35AM
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