The Fox News case is even worse. At issue is a 2009 story about how North Korea was expected to react to a U.N. Security Council resolution criticizing the rogue nation's nuclear tests. The Justice Department is prosecuting Stephen Jin-Woo Kim, then an analyst working for the State Department, for allegedly leaking to Fox reporter Rosen a report about what North Korea was thought likely to do.
Prosecutors examined Rosen's phone records, read his emails and, using the electronic record left by his security badge, even tracked when he entered and left the State Department building. How did officials justify such snooping? By asserting in an FBI affidavit, according to the Post, that Rosen broke the law "at the very least, either as an aider, abettor and/or co-conspirator."
In other words, since there is no law that makes publishing this classified information illegal, the Justice Department claims that obtaining the information was a violation of the Espionage Act.
Rosen has not been charged. Every investigative reporter, however, has been put on notice.
If this had been the view of prior administrations, surely Bob Woodward would be a lifer in some federal prison. The cell next door might be occupied by my Post colleague Dana Priest, who disclosed the CIA's network of secret prisons. Or by The New York Times' James Risen and Eric Lichtblau, who revealed the National Security Agency's eavesdropping program.
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It's News, Not Espionage | RealClearPolitics