The Obama Administration fought to keep a search warrant for James Rosen’s private e-mail account secret, arguing to a federal judge that the government might need to monitor the account for a lengthy period of time.
The new details are revealed in a court filing detailing a back and forth between the Justice Department and the federal judges who oversaw the request to search a Gmail account belonging to Rosen, a reporter for Fox News. A 2009 article Rosen had written about North Korea sparked an investigation; Ronald C. Machen, Jr., the U.S. Attorney who is prosecuting Stephen Jin-Woo Kim, a former State Department adviser who allegedly leaked classified information to Rosen, insisted that the reporter should not be notified of the search and seizure of his e-mails, even after a lengthy delay.
Machen insisted the investigation would be compromised if Rosen was informed of the warrant, and also asked the court to order Google not to notify Rosen that the company had handed over Rosen’s e-mails to the government. Rosen, according to recent reports, did not learn that the government seized his e-mail records until it was reported in the Washington Post last week.
According to recently unsealed documents in the case, the Obama Justice Department sought an extensive amount of information from Rosen’s e-mail account. In addition to Rosen’s correspondence with Kim, the government wanted to know about Rosen’s contacts with other government officials, including “records or information relating to the Author’s communication with any other source or potential source of the information disclosed in the Article.”
The new documents show that two judges separately declared that the Justice Department was required to notify Rosen of the search warrant, even if the notification came after a delay. Otherwise: “The subscriber therefore will never know, by being provided a copy of the warrant, for example, that the government secured a warrant and searched the contents of [his or] her e-mail account,” Judge John M. Facciola wrote in an opinion rejecting the Obama Administration’s argument.
Machen appealed that decision, and in September, 2010, Royce C. Lamberth, the chief judge in the Federal District Court for the District of Columbia, granted Machen’s request to overturn the order of the two judges.
