How Prosecutors Fought to Keep Rosen’s Warrant Secret
Posted by Ryan Lizza
The Obama Administration fought to keep a search warrant for James Rosen’s private e-mail account secret, arguing to a federal judge that the government might need to monitor the account for a lengthy period of time.
The new details are revealed in a court filing detailing a back and forth between the Justice Department and the federal judges who oversaw the request to search a Gmail account belonging to Rosen, a reporter for Fox News. …
E-mails, Machen wrote, “are commonly used by subjects or targets of the criminal investigation at issue, and the e-mail evidence derived from those compelled disclosures frequently forms the core of the Government’s evidence supporting criminal charges.”
He argued that disclosure of the search warrant would preclude the government from monitoring the account, should such a step become necessary in the investigation. Machen added that “some investigations are continued for many years because, while the evidence is not yet sufficient to bring charges, it is sufficient to have identified criminal subjects and/or criminal activity serious enough to justify continuation of the investigation.”
Machen insisted the investigation would be compromised if Rosen was informed of the warrant, and also asked the court to order Google not to notify Rosen that the company had handed over Rosen’s e-mails to the government. Rosen, according to recent reports, did not learn that the government seized his e-mail records until it was reported in the Washington Post last week.
One detail curiously omitted in this article is that the one person charged as a result of this “investigation”, Stephen Jin-Woo Kim, was indicted in August, 2010! IOW, the Feds’ need to search Rosen’s e-mail for this “investigation” ended in mid-late 2010! That was ~2.5 years ago! After that, further monitoring of Rosen’s e-mail and secrecy about the monitoring became spying on Rosen for the sole purpose of spying on him … with no actual cause beyond hating him and Fox News!