At Powerline, John Hinderaker explores whether the Obama White House was justified in obtaining “access to Fox News reporter James Rosen’s email account“. That lawyer notes that Republican politicians and conservative pundits sought to prosecute the New York Times (for, as John puts it, “publishing leaked information about Bush’s anti-terror strategies”) under the same statute the Obama team used to snoop on Rosen. At the conclusion of his post, Hinderaker concedes that he is “not enough of a criminal lawyer to have an opinion on whether the warrant should have been issued on this weak showing. ”
Just read the whole thing for his thorough analysis.
Interesting that although the Rosen piece which spurred their investigation was published nearly four full years ago (on June 11, 2009), the Department of Justice has yet to bring charges against Rosen. (Would be interesting to find out how long it took for the Justice Department to inform the FoxNews reporter about their investigation.)
Another thing to consider (as per my previous post) is that despite the claims many of the immediate past president’s critics made about that good man, his administration did not snoop around in the private affairs of its ideological adversaries 0r adversary journalists. Despite serious concerns that New York Times reporting compromised administration efforts to keep us safe, the Bush team did not attempt to obtain the e-mails of that paper’s reporters.