The Justice Department had subpoenaed Rosen's phone and email records as part of its leak investigation, issuing a subpoena (technically a 44-page application for a search warrant, issued under seal, for the period May 28-June 11, 2010) that characterized Rosen as "an aider and abettor and/or co-conspirator" in relation to the leaks. The search warrant granted by U.S. Magistrate Judge Alan Kay required no notice to Rosen for 30 days.
On May 22, 2013, acting on motion by the United States, Judge Royce Lambeth issued a 183-page order to "unseal and place on the public docket redacted versions of the documents" (including the sealed search warrant) and to give "unredacted versions of all the unsealed material to the defense" in the case against Rosen's source.
Government Has Two
Kinds of Leaks -- Ones It Makes, Ones It Prosecutes
Two years after the search warrant, reporter Rosen has not been charged with any crime. Another, more famous unindicted co-conspirator, Richard Nixon, was never charged with any crime. On May 31, the Justice Department said in a statement that its prosecutors had never sought approval to bring criminal charges against Rosen and that the department did not anticipate bringing any such charges.
The statement added that: "During the Attorney General's tenure, no reporter has ever been prosecuted." (On March 14, 2013, Forbes reported, the Justice Department indicted reporter Matthew Keys on three counts of hacker-related felonies, punishable by 10 years in prison and $250,000 in fines.)
Rosen's alleged source, Stephen Jin-Woo Kim, was a State Department contractor after getting a masters degree from Harvard and a Ph.D. from Yale. He was an expert in North Korea's nuclear weapons program. In August 2010, a grand jury indicted him on two charges: "unauthorized disclosure of National Defense Information (under the Espionage Act) and making false statements. He has pled not guilty and his trial is pending.
Kim's attorneys and others (like Michael Isikoff) suggest that if Kim is indictable, than so might be Washington Post reporter Bob Woodward, for National Defense information revealed in "Obama's Wars," Woodward's book published late in 2010.
Free Speech Defender
Defends Justice Department, Sort Of
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