So far this seems to be the thrust of the DOJ story.
- Eric Holder’s Department of Justice got caught snooping on reporters in two separate cases.
- As to the AP case, Eric Holder recused himself from the AP case because he was being personally investigated by the FBI as a potential suspect.
- When he says he recused himself he means he told one person he recused himself. It is unclear if any memoranda or writings were made memorializing this recusal.
- Eric Holder testifies to Congress that “[i]n regard to potential prosecution of the press for the disclosure of material. This is not something I’ve ever been involved in, heard of, or would think would be wise policy.”
- The DOJ just happened to swear to a federal judge that they had probable cause to believe James Rosen, a Fox News reporter, had violated the Espionage Act of 1917. One of the subsections of that act criminalizes the disclosure of confidential materials. Eric Holder approved the request made by the DOJ to the federal judge requesting a secret warrant.
- The administration wants you to believe that the following acts do not constitute even a discussion of a potential prosecution of a member of the press: 1 swearing to a federal judge that the United States Government has probable cause to believe that a reporter committed a federal crime punishable by ten years in prison; and 2 swearing to the same judge that the DOJ needs a warrant to look at said reporters personal and work emails because of this possible criminal violation; and 3 swearing to the federal judge that the DOJ understands that the federal government not entitled to get a warrant to look at a reporter’s work product unless the DOJ is specifically alleging that they have probable cause to believe that said reporter violated, or is violating, the Espionage Act; and 4 specifically noting that the Privacy Law protects this reporters emails unless there is an accusation that there is probable cause that he is committing, or has committed, such crimes; and 5 telling the judge that, despite sending a letter to Google asking them to preserve the emails, there is a likelihood that the reporter will destroy the emails if he finds out that the DOJ is seeking to see the emails.
- President Obama learns of these facts and pledges to get to the bottom of the situation.
- President Obama’s big idea is to assign Eric Holder to investigate his own actions and those of his department to determine whether new policies need to be put into place to prevent Eric Holder from doing what Eric Holder did in the past.
- Eric Holder then decides to have a meeting with the press to discuss these issues. However, this will be a secret meeting that will be off the record and nothing discussed can be reported on.
- When big news organizations start to call the actions of the administration inappropriate, an advisor leaks the alleged substance of the meetings to the New York Times.
The damage that these actions will do to the true administration of justice will be felt for years to come.