Yesterday’s acknowledgment is likely to bring added scrutiny to Holder’s own [sworn] testimony before the House Judiciary Committee two weeks ago about a different leak investigation where the feds seized phone records used by up to 100 Associated Press reporters.
Holder, who said he had recused himself from the AP investigation, seemed to broadly rule out prosecuting any reporters in his remarks.
“With regard to the potential prosecution of the press for the disclosure of material, that is not something I’ve ever been involved in, heard of, or would think would be wise policy,” Holder said.
“The focus should be on those people who break their oath and put the American people at risk, not reporters who gather this information. That should not be the focus . . . of these investigations,” he continued.
The government hasn’t charged Rosen with any crime in relation with his 2009 article, which cited intelligence material about North Korea.
But the 2010 search warrant Holder green-lighted called Rosen an “aider, abettor and/or co-conspirator” in an alleged crime — violating the Espionage Act. It stated there was “probable cause to believe that the reporter has committed or is committing a violation” of the law, and said Rosen’s e-mail account contained “evidence, fruits, and instrumentalities of that violation.”