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Holder Affidavit Indicated Possible Prosecution of Rosen

The affidavit signed by Attorney General Eric Holder specifically seeks to establish whether Fox News reporter James Rosen committed a crime, a clear suggestion that the Justice Department was considering prosecuting him.

Holder is under investigation by the House Judiciary Committee for perjury for telling the panel that he had never even “heard of” the “potential prosecution” of reporters for divulging classified material.

White House Press Secretary Jay Carney Wednesday sought to defend Holder by insisting prosecution of Rosen was never an issue, even though the affidavit states there is “probable cause” to believe Rosen was a “co-conspirator” in the crime of divulging classified materials. Rather, Carney implies, the only person considered for prosecution was Rosen’s source, State Department official Stephen Jin-Woo Kim.

But a closer reading of the affidavit, which was used to gain access to Rosen’s emails and phone records, suggests Rosen’s prosecution was a live possibility. The document, in a passage justifying access to Rosen’s emails, states:

Mr. Kim’s missing responses to the reporter’s e-mails would materially assist the FBI’s investigation as they could be expected establish further the fact of the disclosures, their content, and Mr. Kim’s and the reporter’s intent in making them, and could be expected to constitute direct evidence of their guilt or innocence.

The bolding at the end is mine.

The Justice Department would only seek evidence of Rosen’s guilt if the possibility existed that he would be prosecuted. Otherwise, it would have framed the affidavit solely as an attempt to establish the guilt of Rosen’s source.

It would seem very hard for Holder to claim that he testified truthfully when he said that potential prosecution of a reporter for divulging information was something he had never “been involved in, heard of, or would think would be wise policy.” He signed an affidavit that specifically stated the intent was to seek evidence of a reporter’s guilt or innocence.

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27 Responses to Holder Affidavit Indicated Possible Prosecution of Rosen

  1. Man breaks into store, steals merchandise
    Man decides he REALLY likes the items and sends store owner payment
    Police arrest man for burglary
    Judge throws out burglary arrest

    Uh……I don’t think so, Eric.

  2. The only reason that the DOJ would prosecute a reporter is to put a chill on all other reporters. Make an example of one or two with the thinking that the rest of the press will stop doing their jobs. The tactic has worked in dozens of countries across the globe. The only problem is that here we have had a long tradition of the press being independent, and journalist have not been summarily arrested and executed for doing their jobs.

    The question now is, how long will it take for the DOJ and WH to get the message out that an independent, free press is no longer tolerated? Or, will the press actually do their job and go after the corrupt powers that be?

  3. I don’t foresee Eric Holder indicting himself any time in the near future. Besides, this isn’t the first time he has perjured himself. Back in 2011, Holder lied repeatedly under oath regarding his knowledge of Fast and Furious.

  4. MrHolder lied to Congress about his knowlege and involvement in the attempt to prosecute a professional journalist. He assumed the actual warrant would never be published to expose his lies.

    The DOJ had no intention of arresting and prosecuting MrRosen because they were aware of the protected status of the Press, so why did they lie to get a warrant? Tje Feds already had their man when MrKim was arrested, so why go after MrRosen, too.
    It’s not a coincidence that MrRosen is an agent of FOXnews, and the WhiteHouse was doing all it could to remove FOX from the airwaves.

  5. He really is between a rock and a hard place. if he argues he did not commit perjury because there was no intent to prosecute Rosen, then he is guilty, at a minimum, of misleading a court. That is something no AG should do. Every other affidavit he may file in a court is open to question on grounds of credibility.

    Also, I am sure he signed the affidavit under oath. So either he lied to Congress or to a Court.

    Tough place for the nation’s top lawyer to be in.

      • Would you settle for disbarred? Most people who old the AG post, especially people of his age, hope to return to private practice and clean up. If he is disbarred, he cannot do that. Might be more painful.

      • Yep, that will never happen. He will end up with a plush job in some legal firm or corporation. BTW, some such job has been found for General Petraeus so I doubt that he will be coming back before Congress and spilling the beans.

  6. If I could double bold one word in your boulding, it would be the word ‘their’. It indicates they were going after more than Mr. Kim.

  7. And the incompetence of Obama rears its ugly head yet again in the form of Holder. This administration is riddled with Obama’s “buddies” and political favors to the point of non functionality. He seems to have a self destructive attraction to appointing the worst available types of people to posts that demand at least a semblance of clarity of thought. And then to defend them to the point of the ridiculous by way of that mediocre side show hawker Carney.
    i often wonder why the press even bothers to show up for Carney’s circus? Do they get party favors or something? The Fourth Estate is apparently into being dominated by the tawdry and brainless, as I can see no reason to worship at the font of lunacy regarding the Obama “administration” as they do. Perhaps they need even more kicks to their collective body before they grow a spine and actually DO something to expose the collection of idiots supposedly in charge of this nation.

  8. I’m still trying to figure out where the parents of James Rosen fit into this web of deceit. Maybe I missed it, but where were they listed on the search warrant?

    • Someone on Fox last night–I forget who–said Holder should have invited the Rosen parents to his little meeting and apologized to them.

  9. Keith,
    I can’t find Holder’s signature anywhere in the affidavit or the application for the James Rosen search warrant. – Yet you say he signed it.

  10. The golden rule do unto others as you would have them do unto you.. its indefensible what Holder did and to be supported protected by the commander in chief, even worse. evil exist when good people see it and do nothing or worse justify it

  11. There is actually a simple solution to Holder and his web of lies. If Holder claims he did not lie to congress in that “he was not aware of any targeting of journalist for potential prosecution” even though he signed in approval an affidavit for a search warrant claiming that James Rosen was a “co conspirator” in a criminal investigation and a potential target of criminal charges, then he approved a knowingly false affidavit to a Federal Judge. Whoever that Judge is needs to step up to the plate and have Holder arrested for Contempt of a Federal Court!