Tip:
Highlight text to annotate it
X
let just some of the fallout from this uh...
justice department investigation
into the
alleged
state department leaker or the guy i guess who is a consultant to the state
department
and the warrant
the department of justice secured
during this investigation
saying that
james rosen
the washington correspondent for fox news and yes i do know
um...
was a potential co-conspirator
and eder and and a better
to this leak
because
and based solely on
what he did in the course of his report it
that there was anything illegal in the actions he took but simply in that
he was
doing what
investigative reporters do trying to get information from a source
understand that aku of them
under this period of product justice
could indict this guy
under the espionage act
sadly
i mean
the
the most of the outrage interesting and although
it is cut across
all ideological um...
the across the ideological spectrum
is on fox news and there's nothing more annoying
than watching these morons and parties
uh... try and talk about this when of course
you know
if this was a reporter from anywhere else
they would be cheering the administration on at this point
be that as it may
what has been
also disturbing
his to watch some
center left the journalists
sar approved through this
uh...
for reasons that are sort of inexplicable
i mean i understand that
partisans
the fact that this is a fox news reporter
and
i'd share that uh... sort of ambivalence but the reality is is that
add a based upon what we know about the obama administration the way they've
gone after leakers
based on what we know about the department of justice in the way they've
gone after reporters
there's no reason to think that in any way
this is confined to this one journalist
there's also no reason to believe and i think there's every reason to believe
that this is precedent-setting
benefits allowed to stand in his set a precedent
and
am i have to see or d
what he clearly has done
has already had an effect
on national security reporting because it has struck the fear of god
in it
in these national security investigative reporters
know james risers already still embroiled in a uh... in one of these
uh...
investigations
we know that we can leaks continues to be investigated by a grand jury although
they seem to not be able to come up with it
um...
there's no reason to believe there is a more this coming on
and josh marshall who writes a piece
based upon a piece written by uh... dj actually for
and writers and i
have respect for both of these guys
they both sort of take this
position that
yes a line has been crossed
it's sort of seems back
uh...
marshall tries to medicated
by saying reporters in anyone who believes in the first amendment is right
to find this worrisome
but it's wrong to suggest that using a legal argument to get a warrant
is the same as trying to charge rosen with a crime is simply not the same
now this seems to be a bit of a straw man because i don't know of anybody
saying that
but certainly
arguing in a warrant
the activities
and everybody seems to be late
as to what the activities roseanne engaged in
and
nobody seems to claim that those activities on their own are
in any way i felt the law
but simply
doing those activities
trying to send codes through email
trying to uh... make it look like they were talking to each other
at the state department
you know leaving at different times as they met with each other from different
places
none of those things are illegal
so trying to but but making the case
in the context of a warrant
that this activity is criminal in another itself because
of the person he is talking to
and the information he may or may not get
seems to at least lay the predicate for charges
the administration may say well we did was chose not to prosecute
they still could prosecute in theoretically
but that doesn't mean that they don't view as he is activities as being
criminal
and that doesn't mean that they don't reserve the right to prosecute him based
upon
those activities
this is more or less unprecedented the only the only citing that i couldn't
find anywhere
availing is even remotely close to this
when greenwald mentioned yesterday that has been brought up by the uh...
legal counsel for the new york times
during the watergate uh... there during pentagon hearings
was the nixon administration's attempt
to target
the reporter who reported on these uh...
and i don't think there's
and that fell short because every thought i was so toxic
so marshall goes on to say
after that and maybe i'm just not reading maybe i'm just not getting it
but he basically echoes which action for saying is that
gendron seems like a bad reporter
his trade craft
was what wilkie edge
that you don't you
newsy email accounts like that
you don't visit our at the state department you go and meet at a cafe or
i don't know
and none of that seems relevant salute to the situation at hand here at all
i mean if if the argument is
what this guy did
just by being a reporter
makes him and a better in coke and spirited by the fact that he used
asterix in a secret code in his email
his wife
constitutes being a nader and a better in a co-conspirator
if this guy was better at his trade craft
in other words
was smart enough to do what the trace did with his uh...
with is a lot more
i set up a dummy email account it is going to do drafts
and nothing center there's no i i speak isn't that actually evidence
of more on the link
if this guy's a co-conspirator
because he
was trying to hide his communications
albeit poorly in any wilkie ish
and
basic level
remedial level
venice someone's using more sophisticated technion sitters k_-two
techniques
art that you don't want your book
are they even more
a co-conspirator indicator in a better
itis don't understand
he goes on to talk about where you know
roseanne's journalistic technique
it seems
wholly irrelevant here
because the department justice is not making the case
that his technique is what got him into trouble
or i should say the
um...
the lack of of
high-level technique
of uh... of acu main is what got into trouble
no the activities themselves got him into trouble
the reporting got him into trouble
so i just don't see how it's relevant that this guy was supposedly about
reporter
i have no doubt us i certainly did
don't need much convincing
that somebody's working for fox is a crappy reporter because
the conservative machine does not turn out
terribly good reporters because of the nature in which
they are promoted
but that doesn't seem to be neither here nor there in this question
which someone outside and between
response the roseanne how wiki weeks was treated
which is that if you can't turned the conversation away to the real court
contact and get it on presentation all
and brand issues centrally
you could just obfuscate the whole thing encourage angel's credentials and it's
the same it's the same
focus on optics around an issue that goes
way beyond your personal feelings but i mean these people
and and and and then charge finishes with the deal j didn't indict anyone
were seemingly of make any effort to uh... i think he's talking about
in the case of the a_p_ reporters and rose and he's talking i think
specifically about the reporters
uh...
i don't know how we can say they seemingly didn't make any effort too
they promoted the theory that this guy was
a criminal co-conspirator to get a warrant in search
his emails
not just uh... you know read them
to tapas phone lines
to apparently
i don't know it is true but
kept the phone lines of his parents
uh... his gritty foxes on office or not but
he writes they took a step i think they should not have taken
but they did so putting together a case of the government chloe who was more or
less in plain sight
thanks arose impart leaked what looks to have been highly classified information
about u_s_ pine and works overseas
that's all well and good but then why do you have to promote the theory that
reporting
is a
co-conspirator
they could have subpoenaed his stuff
they could have made the argument that this war it is essential
uh... because this guy is
has uh...
there's evidence here
at one point
uh... marshall makes the case that
it's important to note that the d_l_j_ didn't uh... do that he was it wasn't
wasn't charged with anything he apparently didn't even know this had
happened until the piece was published in the washington post over the weekend
how is that a defense
but it's done in secret
and you don't know that your stuff has been tapped a red
it's not really that big a deal
but the government didn't walk up to the line by suggesting that theory that
rosen himself at committed a crime in order to get it
then suggest the theory
you suggest the theory they may be necessary should
they asserted he was a co-conspirator
or that his activities which have been stipulated
potentially made him a co-conspirator
what what was review what did they do you know j not know at that time
they didn't present anything in that warrant that would suggest that they had
suspicions he had done something
although then what we have all stipulated
so it's really as troublesome
to see this proved food
by journalists
i don't offer any pos is gonna come out of it because now it's
you know now the conservancy that there might be a chance to
through go after the obon administration in this court but
hope springs eternal that may be
maybe
i don't know some republican will just
offer some legislation that says they are we really do that protect the media
here copa spring eternal
and a wide seat is the only seems to me you could have is that is that it that
says
the act of journalism
if it does not involve anything else that is in the uh... criminal code
cannot be considered the basis of the war cannot be considered uh... the basis
of a
uh... criminal charge you could write this in a paragraph
and there's no national security incidents in
the key
maintenance yes four or that the national security exemption needs to be
actually adjudicated in front of a judge
as opposed to just a you know
federal magistrate is
pronto notices disconnect a notary public rolled then with the i_r_s_ and
the bad guys and stuff
and this one is much more significant yes very distinct but they're not to go
after ending the republicans it is all two million are gonna go after the real
thing because the i_r_s_ tough gives them
much more lights in the i_r_s_ that i can't believe how overblown it is yes
maybe there should be to some people fired because they were incompetent at
their job
and really being competent seems to be of dealing with
this information
i'm not even sure that of that frankly
the