Federal judge ruled feds need not notify Fox reporter of search

[Cali_Democrat]

Source: Politico

A federal judge in Washington ruled in 2010 that the Justice Department was not required by law to notify Fox reporter James Rosen that prosecutors had obtained his emails in connection with an investigation into a leak about North Korean plans to test a nuclear weapon.

In September 2010, Chief U.S. District Court Judge Royce Lamberth overruled the conclusion of federal magistrate John Facciola that Rosen—whose Gmail account was searched—was entitled by law to be informed.

Prosecutors contended that under the statute used to get Rosen's emails, the Electronic Communications Privacy Act, they were not required to provide any notice of the search.

In his decision (posted here), Lamberth said the usual search warrant notification provisions apply, but found they were "satisfied by leaving a copy of the warrant with a third-party ISP [internet service provider]." That made the notification sort of a moot point, since Google got the warrant in the first place.

Read more: http://www.politico.com/blogs/under-the-radar/2013/05/judge-ruled-feds-need-not-notify-fox-reporter-of-search-164397.html

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Everything was legal and by the book. Justice Department officials went to a magistrate, obtained a search warrant and legally accessed the emails in question as part of the leak investigation.

BTW, the judge was appointed by Ronald Reagan.

[freshwest]

1. From another thread, it appeared Rosen was caught up in an investigation of the CIA itself.

Someone had been leaking, and they were not singling out Rosen, they were looking for who was getting the leaked information. He visited the person being looked at in person at the time they were doing it, and he was a lead to find their leaker.

The spook business is nothing to play around with, as people get killed when they are outted. This already happened (deaths or people or operations blown), according to a number of threads here.

Naturally, FOX will scream bloody murder, and those who believe them will as well. Meh!

[John2]

2. The leaker

was apparently on FOX's payroll. Just the notion this person chose to leak information to FOX justifies investigating them. FOX is a propaganda organization for the GOP in my opinion and a tool for Rupert Murdoch. A lot of Americans think so. I don't think people working for the State Department should have political agendas either. Just what was the purpose of this person or persons found the the to leak information to FOX, if it didn't serve the purpose of wrong doing in the Administration or State Department as a whistle blower? It seems to me FOX was spying on the Administration to find something by paying off Government officials.

[cstanleytech]

4. " FOX is a propaganda organization for the GOP" thats like saying water is wet.

I mean come on anyone who doesnt admit at this point that Fox news is the PR arm of GOP by now is either in denial or a liar.

[CincyDem]

3. When the came for the guilds...

For decades, repubs have been supporting judges who eschew individual rights in favor of the state. I should come as no surprise to any of these guys that every once and a while some judge is going to screw them over the same what they screw every individual.

This case, spying on someone's email without their knowledge, is probably no different than what some OWS members experienced. But you didn't see outrage on FOX because the outcome fit their narrative.

To paraphrase some famous quote:

When they came for the guilds, I didn't object because I wasn't a guildmember.
When they came for the unions, I didn't object because I wasn't a unionmember.
When they came for the office workers, I didn't object because I wasn't an office worker.
When they came for me, there was nobody left to object.

Media has been so lazy in their responsibility to help educate the population that now, when media is object of "persecution", people don't know they should even give a shit.