Breaking: Holder Tightens Rules for Obtaining Reporters’ Data

[cali]

For all you defenders of the administration who have so resolutely defended this, do explain why the change? For the rest of us, this looks to be a real win.

Attorney General Eric H. Holder Jr., who has been criticized for the Justice Department’s aggressive tactics in secretly obtaining phone logs and e-mails of reporters as part of leak investigations, on Friday announced new guidelines that would significantly narrow the circumstances under which journalists’ records could be obtained.

At the same time, a White House spokesman said that President Obama backed the Justice Department’s changes as well as its call, at the end of a report on the revisions, to more often find ways to deal with leaks of classified information that fall short of criminal investigations. Under Mr. Obama, prosecutors have filed charges in seven leak-related cases to date, compared with three such cases under all previous presidents combined.

“There are circumstances in which leaks are better addressed through administrative means, such as withdrawal of security clearances or imposition of other sanctions,” said Matt Lehrich, the White House spokesman. “The president agrees with the Justice Department’s recommendation and has directed his team to explore how the administration could more effectively use alternatives in appropriate cases.”

In a six-page report, Mr. Holder outlined changes to the Justice Department’s investigative guidelines that would prevent the Federal Bureau of Investigation from portraying a reporter as a co-conspirator in a criminal leak as a way to get around a legal bar on secret search warrants for reporting materials.

<snip>

http://www.nytimes.com/2013/07/13/us/holder-to-tighten-rules-for-obtaining-reporters-data.html

Holder announces major changes to leak probe guidelines

According to the rule changes, the FBI will no longer be able to portray a reporter as a co-conspirator in a criminal leak as a way to get around a legal bar on secret search warrants for reporting materials.

The Justice Department on Friday announced changes to how it will conduct investigations of leaks of classified information to reporters, making it more difficult for prosecutors to obtain journalists' phone records and other private information without giving news organizations advance notice.

Attorney General Eric Holder delivered his recommendations to President Obama on Friday morning ahead of the agency releasing its long-awaited report late Friday afternoon.

The Holder report comes after the Obama administration came under fire following revelations earlier this year that federal authorities secretly obtained the e-mails and tracked the movements of Fox News reporter James Rosen and obtained a treasure trove of phone records for lines used by Associated Press journalists.

"The Department of Justice is firmly committed to ensuring our nation's security, and protecting the American people, while at the same time safeguarding the freedom of the press," Holder said in a statement.

<snip>

http://www.usatoday.com/story/news/politics/2013/07/12/holder-obama-leak-report/2511925/

[cali]

1. this is the major story of the week

from what I can see it marks a real change and a good one. That it came about due to public excoriation of the existing policy is actually encouraging.

[Cali_Democrat]

2. But I thought Obama was an evil vindictive authoritarian hell bent on squashing journalists?

What gives?

[cali]

4. who said that? Certainly not me. but didn't YOU defend the admin over this?

Why yes, I believe you did, so why the change?

[Cali_Democrat]

8. I actually thought seizing the phone records for the AP was overkill, but legal

I said this again and again, but you probably just never paid attention. Arguing that something is legal shouldn't be confused with support. That's the mistake you're making.

The US attorney, Ron Machen, went too far IMO, but he did follow the law. Some people called it illegal which was total rubbish.

Same with Rosen's emails. A warrant was obtained for Rosen's emails. A federal magistrate and a federal judge signed off on the search warrant. Again, totally legal.

A subpoena was used the acquire AP phone records. Again, totally legal and by the book.

There's nothing wrong with the administration changing the way the US attorneys would acquire records in the future, but you want to use this change to bash people.

So predictable...yes you are.

BTW, nice transparency page.

*snicker*

[cali]

10. totally legal, totally legal. *snicker* yep, that's what i recall *snicker*

and I invite anyone to check out the bullshit hides. but then you know about that little campaign, don't you, dear?

[Wilms]

5. Meanwhile, it turns out he's merely racist.

So yeah. An apology is in order.

[kentuck]

3. Should there be rules to tighten for the media?

I don't know about that??

[cali]

6. read the stories in the op. and yes. the admin was going after journalists

[kentuck]

7. I was trying to be facetious...

A fail.

[nadinbrzezinski]

9. This...on a Friday news dump?

It's good...I hope, but why Friday?

[cali]

11. I can only guess that the previous policy is now an embarrassment

and that they don't like the tacit admission that they were wrong for so long.

[nadinbrzezinski]

12. Well, I know sources

Do not want to talk any more...so pretty much goal accomplished.

[ucrdem]

13. Commendable, also SOP, so what's to explain?

Obama administration tames another out-of-control Bushler bureaucracy, yay. They've been at it for five years. You just noticed?

K/R