Associated Press Confirms U S Government Seized Journalists' Phone Records

[Steely Dan]

The press will have to turn on Obama in order to purge the Hillary election campaign of all his sins. The timing of this is anybody's guess, but being at loggerheads with AP could bring it on quicker. I thought Obama's disastrous foreign policy would do for him, but the conjunction of three scandals in quick succession may have opened the floodgates early.

[lomatopo]

You know the right is feeling cocky when they trot out Tweedle Dick and Tweedle Rum on the same ep. of Hannity. Enjoy.

[NeverSure]

Republican pipe dreamers. What a train wreck of a "government" and I don't mean Obama.

Is this the best you can do? One line, drive-by wise cracks with no substance? You're out of your league. Read my post just above, post #59. That's not pipe dreaming, those are facts. The Republicans hold a majority in the House, and the House is the entity that impeaches a president. Even if the House impeached and the Senate didn't convict after a trial, a lot of dirty laundry would come out at the trial, some of it possibly precluding Hillary Clinton from ever running for office again, or at least ever winning anything.

Obama has lost his cheerleaders, the press, and we all have no idea how this will affect the next couple of elections. We don't know where all of this is heading.

Also, after Obama steps in it, if he looks like a sinking ship due to his own actions, do you think his fellow Democrats will risk their careers to support him while the press is also digging up dirt?

[Jingthing]

The American people wants the government to get to work on important issues that actually impact on their lives. Not partisan political games and impeachment dramas that have no chance of actually succeeding.

[midas]

The American people wants the government to get to work on important issues that actually impact on their lives. Not partisan political games and impeachment dramas that have no chance of actually succeeding.

But surely if a government cannot be trusted to tell the truth to the people that can potentially have an incredibly devastating effect on their lives.? So I think it's worth spending all this time investigating every possibility. As Ronald Reagan once said “ trust but verify “ Edited May 16, 2013 by midas

[Jingthing]

The American people wants the government to get to work on important issues that actually impact on their lives. Not partisan political games and impeachment dramas that have no chance of actually succeeding.

But surely if a government cannot be trusted to tell the truth to the people that can potentially have an incredibly devastating effect on their lives.? So I think it's worth spending all this time investigating every possibility. As Ronald Reagan once said “ trust but verify “

It's not worth a thing if that's all the congress will be doing for the next few years and we both know that's what's going to happen. It's all a political game to them.

[StevenGerrard]

If their is anything wrong then no prob.

[Jingthing]

If their is anything wrong then no prob.

What does that mean?

[JDGRUEN]

IRS targeting conservative PACs for being conservative.

This activity, limited to the Cincinnati IRS office, occurred while Douglas Shulman was Commissioner of the IRS, and he was aware of the situation. Mr. Shulman was appointed to his term by George W. Bush.

I think most organizations solely focused on political change, rather than exclusively on social welfare, should not be allowed tax exempt status.

That's a tired argument ... it is STANDARD for political pacs to get this type of tax determination. Until that aspect is changed - politically biased granting or not granting such status is just plain wrong no matter how it is sliced or diced.

[JDGRUEN]

The press will have to turn on Obama in order to purge the Hillary election campaign of all his sins. The timing of this is anybody's guess, but being at loggerheads with AP could bring it on quicker. I thought Obama's disastrous foreign policy would do for him, but the conjunction of three scandals in quick succession may have opened the floodgates early.

Yes - stabbing your own public relations team (a.k.a the U.S. News Media) in the back is not good policy.

[metisdead]

Off topic posts have been removed.

[Loptr]

The responses from the left on this topic are laughable. There is no defense for what this administration has done. We know where the bucks stops and it is just a matter of time before the truth comes out. The electronic trail on these directives will be ferreted out and those responsible will have to atone for their actions. Hopefully through long prison sentences.

I asked this earlier, how can anyone, left or right, condone the actions by this administration which has come to light in the last week? Are those of you on the left so enamored with the thought of Mr Obama as POTUS that you ignore the actions taken which stomp all over our constitutional rights? If so, then please put the koolaid down and step out into the light of day to get a grasp on reality.

More revelations coming out daily. There is no place to hide from this one. Here is the next tidbit.

Four local IRS workers allegedly connected to scandal

FOX19 has exclusively learned that as many as four people may be the first Cincinnati Internal Revenue Service (IRS) employees to face disciplinary action, and possibly even criminal charges, for allegedly targeting Tea Party and Liberty groups applying for non-profit status.

One of FOX19's two sources went on say that these four IRS workers claim "they simply did what their bosses ordered." FOX19 reported on Tuesday that the report by the Office of Inspector General states that senior IRS officials knew agents were targeting Tea Party groups as early as 2011.

http://www.fox19.com/story/22265631/four-cincy-irs-workers-not-two-allegedly-connected-to-scandal

Rogue agents my arse.

Edited May 16, 2013 by Loptr

[JDGRUEN]

The comparisons to Watergate are compelling. The President's mouthpiece lies almost every single day. His arrogance tells him he can get away with anything.

Currently impeachment won't work because we don't currently hold the Senate. That could change after 2014. We need to slow walk the investigation.

Holder will be talking about the illegal wiretaps. It was his department that did it.

Conviction would require a two-thirds majority vote in the Senate. How soon they forget.

With forty-five current Republicans, I'm not even sure there are twenty-two Senate seats, out of thirty-three in 2014 'up for grabs' (meaning where Republicans could have net wins) assuming everyone voted along party lines.

But don't let this keep you from some sort of wet-dream.

Nixon resigned over Watergate rather than face impeachment. Many think he resigned to avoid the embarrassment of a trial, and some believe there was more to be discovered. Remember, Vice President Ford pardoned Nixon when he automatically became president upon Nixon's resignation. So it wasn't just impeachment and loss of the presidency, it was the possibility of prison for crimes, too.

Also remember, it is the House, not the Senate which draws and votes for the articles of impeachment. Then the Senate must conduct the trial. The Republicans do comfortably hold a majority in the House, and could impeach Obama.

Also, let be sure everyone is on the same page about impeachment. Impeachment is like indictment. Clinton was impeached by the House, but not convicted by the Senate. So yes, if enough serious matters come to light it's very possible for the House to impeach Obama. Then by law the Senate would have to try him. There are enough Republicans in the Senate to make things really hot for Obama if he in fact committed any crimes.

I promise you the Republicans are taking none of this lightly. Now Obama really stepped in it by getting his best friends, the mainstream media upset with him. He'll never have the same free ride he's had so far again.

So I would caution that we just sit back and watch. If there really is enough dirt and enough evidence and the House impeaches, Obama might just duck and run like Nixon did after cutting a deal with Vice President Biden for a pardon.

I'm not predicting that, but I'm not ruling it out as a possibility.

With all the red meat served up this past week coupled with Fast and Furious and Benghazi ... I hope the House does begin Impeachment proceedings - even if - there is no likelihood of the Senate making any findings to speak of in a trial (since Reid and the Dems control the Senate)... I want obama - D.C. and Congress so GRID LOCKED he cannot do anything except go hide at Camp David for the next 12 months. No new laws - no new harm to the U.S.

[Jingthing]

With all the red meat served up this past week coupled with Fast and Furious and Benghazi ... I hope the House does begin Impeachment proceedings - even if - there is no likelihood of the Senate making any findings to speak of in a trial (since Reid and the Dems control the Senate)... I want obama - D.C. and Congress so GRID LOCKED he cannot do anything except go hide at Camp David for the next 12 months. No new laws - no new harm to the U.S.

You may get your wish and also realize the fate of the right wingers never getting the white house ever again. The congress is there to govern. What you are proposing which is a typical far right desire, is NOT governing.

[NeverSure]

The responses from the left on this topic are laughable. There is no defense for what this administration has done. We know where the bucks stops and it is just a matter of time before the truth comes out. The electronic trail on these directives will be ferreted out and those responsible will have to atone for their actions. Hopefully through long prison sentences.

I asked this earlier, how can anyone, left or right, condone the actions by this administration which has come to light in the last week? Are those of you on the left so enamored with the thought of Mr Obama as POTUS that you ignore the actions taken which stomp all over our constitutional rights? If so, then please put the koolaid down and step out into the light of day to get a grasp on reality.

More revelations coming out daily. There is no place to hide from this one. Here is the next tidbit.

Four local IRS workers allegedly connected to scandal

FOX19 has exclusively learned that as many as four people may be the first Cincinnati Internal Revenue Service (IRS) employees to face disciplinary action, and possibly even criminal charges, for allegedly targeting Tea Party and Liberty groups applying for non-profit status.

One of FOX19's two sources went on say that these four IRS workers claim "they simply did what their bosses ordered." FOX19 reported on Tuesday that the report by the Office of Inspector General states that senior IRS officials knew agents were targeting Tea Party groups as early as 2011.

http://www.fox19.com/story/22265631/four-cincy-irs-workers-not-two-allegedly-connected-to-scandal

Rogue agents my arse.

Agreed. And I posted a link where the current leader of the IRS resigned due to this scandal. This is getting bigger, not going away.

And you're right. If the dam breaks with the press and government employees turning on Obama, this will become about Fast and Furious and Benghazi and other things.

[Loptr]

You will get no argument from me that both parties have screwed the pooch for the last 13 years. Both parties are equally complicit in the state of the US today, financially, ethically and morally. The issue is that most are locked into a left or right mindset based on propaganda fed to us by the two parties. IMO, the only option is to fire them all. Down to the last career politician and start over. 2 term limit for Congress and the Senate, coupled with a balanced budget bill that cannot be repealed. Do away with the IRS and impose a flat tax which will be collected by State Treasuries. The notion that the IRS will enforce Obamacare is completely off the table and will likely be the reason for it's repeal as no one trusts the IRS at this point. This is the only way to restore faith in the system as both parties are corrupt right down to core.

Edited May 16, 2013 by Loptr

[Jingthing]

Obamacare won't be repealed but it is certainly possible the IRS enforcement part will be weakened for now.

Tax simplification/reform is a great idea but you're totally tripping if you think the republicans are going to go for anything that might be popular while Obama is president! They are all about doing NOTHING, causing as much misery as possible, and then blaming Obama for all of it.

Edited May 16, 2013 by Jingthing

[NeverSure]

With all the red meat served up this past week coupled with Fast and Furious and Benghazi ... I hope the House does begin Impeachment proceedings - even if - there is no likelihood of the Senate making any findings to speak of in a trial (since Reid and the Dems control the Senate)... I want obama - D.C. and Congress so GRID LOCKED he cannot do anything except go hide at Camp David for the next 12 months. No new laws - no new harm to the U.S.

You may get your wish and also realize the fate of the right wingers never getting the white house ever again. The congress is there to govern. What you are proposing which is a typical far right desire, is NOT governing.

So you want more laws and more "governing" at a time when we are already covered up in laws and government and government expenses that we can't afford already?

Don't you know that every time congress convenes and passes laws, people lose liberties? Don't you know that every new law requires enforcement and that means more government and more expense?

The Republicans are trying to slow down the growth of government, and the spending by government. Don't for one second think that there aren't Americans who support that.

I'm willing to bet you were shocked when the recent gun legislation failed to pass, and I'll bet you don't think that the majority of Americans wanted it to fail. I'll bet you think it was a fringe group that trashed that bill. I'll bet you think that most people believe the things you do. Well, current events should tell you that most people disagree with you. The gun legislation should be a clue because it was defeated by Democrats. The Democrats have the majority in the Senate, but they wanted to get reelected and they know they would commit political suicide by voting for the gun control bill.

You are the fringe thinker. You and some other fringe thinkers just had your butts handed to you on the gun control bill. You're going to get your butts handed to you on these White House scandals, too.

Stop blaming the Republicans. It's the Democrats who committed these crimes. It's the mainstream press that's going to hang them. The Democrats don't need any help from the Republicans to self-destruct.

[lannarebirth]

The American people wants the government to get to work on important issues that actually impact on their lives. Not partisan political games and impeachment dramas that have no chance of actually succeeding.

I don't think there has been anything brought to light that is an impeachable offense. Arrogance and incompetence don't go well together however and I now no longer feel it is an impossibility something might yet arise. It's a type of haughty and arrogant recklessness that leads to impeachment, which this administration has that in spades (no pun intended). The actual infraction often is more or less irrelevant.

Ironically, it would not surprise me given the two facedness and survival instincts of most pols, that these scandals and the pressing of them in the press might bring parties closer together in making legislation that has a broader consensus.

[Jingthing]

Ironically, it would not surprise me given the two facedness and survival instincts of most pols, that these scandals and the pressing of them in the press might bring parties closer together in making legislation that has a broader consensus.

That is ironic. Because I think what this means now is NOTHING gets done. Its tragic for the American people.

[lannarebirth]

Obamacare won't be repealed but it is certainly possible the IRS enforcement part will be weakened for now.

Tax simplification/reform is a great idea but you're totally tripping if you think the republicans are going to go for anything that might be popular while Obama is president! They are all about doing NOTHING, causing as much misery as possible, and then blaming Obama for all of it.

You know that's possible if they had controlled the press. Instead, with Press in pocket, the WH's bully pulpit was used to vilify opponents. That's no way to passlegislation if you then have to go and sit down with those very opponents. But then again he never does, does he?

[lannarebirth]

With all the red meat served up this past week coupled with Fast and Furious and Benghazi ... I hope the House does begin Impeachment proceedings - even if - there is no likelihood of the Senate making any findings to speak of in a trial (since Reid and the Dems control the Senate)... I want obama - D.C. and Congress so GRID LOCKED he cannot do anything except go hide at Camp David for the next 12 months. No new laws - no new harm to the U.S.

You may get your wish and also realize the fate of the right wingers never getting the white house ever again. The congress is there to govern. What you are proposing which is a typical far right desire, is NOT governing.

So you want more laws and more "governing" at a time when we are already covered up in laws and government and government expenses that we can't afford already?

Don't you know that every time congress convenes and passes laws, people lose liberties? Don't you know that every new law requires enforcement and that means more government and more expense?

The Republicans are trying to slow down the growth of government, and the spending by government. Don't for one second think that there aren't Americans who support that.

I'm willing to bet you were shocked when the recent gun legislation failed to pass, and I'll bet you don't think that the majority of Americans wanted it to fail. I'll bet you think it was a fringe group that trashed that bill. I'll bet you think that most people believe the things you do. Well, current events should tell you that most people disagree with you. The gun legislation should be a clue because it was defeated by Democrats. The Democrats have the majority in the Senate, but they wanted to get reelected and they know they would commit political suicide by voting for the gun control bill.

You are the fringe thinker. You and some other fringe thinkers just had your butts handed to you on the gun control bill. You're going to get your butts handed to you on these White House scandals, too.

Stop blaming the Republicans. It's the Democrats who committed these crimes. It's the mainstream press that's going to hang them. The Democrats don't need any help from the Republicans to self-destruct.

I wouldn't hang my hopes on the Main Street press going after Obama. If it seems they're going after him now, it's only because he's embarrassed them for so clearly showing the pass they've been giving him. That and the AP thing. Kind of a biting the hand that feeds you sort of thing. They'll get over it.

Another irony, to me at least, is that it was pretty easy for the Main Street press to be so one sided so long as the kooky Fox News took the other side. Now, with the rise of similarly kooky Liberal media outlets like MSNBC the Press has less cover.

[landtrout]

The responses from the left on this topic are laughable. There is no defense for what this administration has done. We know where the bucks stops and it is just a matter of time before the truth comes out. The electronic trail on these directives will be ferreted out and those responsible will have to atone for their actions. Hopefully through long prison sentences.

I asked this earlier, how can anyone, left or right, condone the actions by this administration which has come to light in the last week? Are those of you on the left so enamored with the thought of Mr Obama as POTUS that you ignore the actions taken which stomp all over our constitutional rights? If so, then please put the koolaid down and step out into the light of day to get a grasp on reality.

More revelations coming out daily. There is no place to hide from this one. Here is the next tidbit.

Four local IRS workers allegedly connected to scandal

FOX19 has exclusively learned that as many as four people may be the first Cincinnati Internal Revenue Service (IRS) employees to face disciplinary action, and possibly even criminal charges, for allegedly targeting Tea Party and Liberty groups applying for non-profit status.

One of FOX19's two sources went on say that these four IRS workers claim "they simply did what their bosses ordered." FOX19 reported on Tuesday that the report by the Office of Inspector General states that senior IRS officials knew agents were targeting Tea Party groups as early as 2011.

http://www.fox19.com/story/22265631/four-cincy-irs-workers-not-two-allegedly-connected-to-scandal

Rogue agents my arse.

Your "arse" notwithstanding..... I will be very surprised if this "electronic trail" leads much further than the swing shift supervisor at the Cincinnati Service Center.

I worked for the IRS in my younger days, and there were "as many as four people" in my office at any given time that would have been liable for "disciplinary action, and possibly even criminal charges" for the way that they conducted their business on a day to day basis......if anybody cared.

One hundred percent of the time.....nobody did.

These were not "rogue agents" by any stretch of the imagination, and they certainly had no political agenda. They were simply typically flawed humans trying to get through their working days/careers as best they could. If you've ever worked in any bureaucratic government office, then you'll know what I'm talking about.

By the way...... I've met many thousands of American citizens in my life, and I've yet to hear a single one of them use the word "arse".

Either you're the first, or you've got your knickers in a twist over the internal political squabbles of a country you were neither born in nor have voting rights in.

That can't be true, can it?

Cheerio!

[Publicus]

In a country which guarantees free speech and freedom of peaceful assembly in its constitution, please tell me what the Tea Party has ever done that's illegal or even wrong? They don't riot, damage property, leave messes of their trash, or any any other way conduct themselves wrongfully. Yes there may be a nut or two in any group who "claims" to be one of them, but the masses of them who have assembled have caused no wrong.

The extent goes much further than just the Tea Party as there are over 500 reported cases. They basically went after anyone that they thought could cause problems for the Dems or spoke out against them. It is not feasible to believe that 2 rogue agents in Cincinnati are responsible for all these cases. The IRS would not go down this route without direction from above. The IRS is a division of the Treasury Dept, which reports directly to the White House. So did the order come from the Treasury Dept or from the White House?

For whoever said that there is little similarity in this case to the Nixon impeachment, I beg to differ. If the evidence of this fiasco leads back to the Oval Office, then it is exactly like the Nixon case.

>

From Article II of the Articles of Impeachment adopted by the House Judiciary Committee (emphasis added):

He has, acting personally and through his subordinates and agents, endeavoured to obtain from the Internal Revenue Service, in violation of the constitutional rights of citizens, confidential information contained in income tax returns for purposes not authorized by law, and to cause, in violation of the constitutional rights of citizens,income tax audits or other income tax investigations to be initiated or conducted in a discriminatory manner.

More innuendo and opinion, absent facts. It doesn't cut it to say, because X is supervised by Y, and because Y reports directly to Z, than we know it was a conspiracy. Or that Y necessarily knew what X was doing, therefore Z absolutely knew. Making such unsubstantiated claims is partisan political gamesmanship which as such is full of syllogisms and innuendo.

As for the AP and the long standing Reporter's Committee for Freedom of the Press, both are respected organizations, super highly regarded. Yet their glaring omission is that every journalist knows that in the matter of a crime, sources and original notes and the like are not protected by First Amendment rights or freedoms.

Indeed, neither the AP nor the Reporter's Committee will directly acknowledge that long standing fact in either of their statements. Each instead cite only the provisions they like in recently enacted subpoena laws, laws which adhere to the legal principle that the press/media has no freedom to shield any criminal act from the authorities, And the actions being both reported and investigated involve serious blow 'em up terrorism. It involves an undercover agent whose work was seriously jeopardized by the AP's reporting.

In fact, in the 1972 case of Branzburg v. Hayes, 408 U.S. 665 the U.S. Supreme Court ruled that a journalist is not protected from confidentiality when the journalist has knowledge of a criminal act and its perpetrator(s) or, worse, is a witness to a crime. When the court says 'reporter,' or 'journalist,' it means the reporter right on up to the president/publisher of the news organization. (I was always amazed that when I wrote some major item in the newspapers where I've worked, the newspapers always said the newspaper had learned of it and reported it, using the newspaper's name, not mine. That's the nature of the beast, i.e., you the reporter are the news organization, whether print or broadcast, right through the organization to the top.)

Further, some courts, including the federal appeals court in New Orleans (5th Cir.), have recently interpreted Branzburg as holding that the First Amendment protects the media from subpoenas only when the subpoenas are being used to harass the press. (United States v. Smith, 135 F.3d 963 (5th Cir. 1998)). Neither the Associated Press nor the Reporter's Committee have stated this claim (wisely so).

The Justice Department knows the laws and the Supreme Court and Appeals Courts rulings in these particular matters. Meanwhile both the AP and the Reporter's Committee appear to be trying to write new law by claiming a broad subpoena was applied and that that, used against the media, is outside the law. Yet, the AP, the party which has legal standing, has not sought judicial review of the actions by the DoJ in its use of its legitimate subpoena powers in criminal cases and, more recently, in instances of terrorism and/or terrorist organizations. That might be because, based on legal precedent cited above, the AP is wisely court shy.

And for good reason.

[Scott]

Off-topic posts and replies deleted.

[lomatopo]

Here is a link to the original AP story from May 7. 2012

http://www.abqjournal.com/main/2013/05/15/as-seen-in-the-journal/may-2012-ap-story-related-to-dojs-seizure-of-phone-records.html

<snip>

The AP learned about the thwarted plot last week but agreed to White House and CIA requests not to publish it immediately because the sensitive intelligence operation was still under way. Once officials said those concerns were allayed, the AP decided to disclose the plot Monday despite requests from the Obama administration to wait for an official announcement Tuesday.

U.S. officials, who were briefed on the operation, insisted on anonymity to discuss the case, which the U.S. has never officially acknowledged.

Some think that revealing the discovery of this plot compromised (i.e. resulted in their death) one or more significant assets who would have been able to continue to operate undercover and potentially foil future plots.

From another story:

The government would not say why it sought the records. U.S. officials have previously said in public testimony that the U.S. attorney in Washington is conducting a criminal investigation into who may have leaked information contained in a May 7, 2012, AP story about a foiled terror plot. The story disclosed details of a CIA operation in Yemen that stopped an al-Qaida plot in the spring of 2012 to detonate a bomb on an airplane bound for the United States.

In testimony in February, CIA Director John Brennan noted that the FBI had questioned him about whether he was AP’s source, which he denied. He called the release of the information to the media about the terror plot an “unauthorized and dangerous disclosure of classified information.”

Hindsight being what it is, I guess it would have been better to read the AP reporters in to the larger story and ask for their cooperation, perhaps even asking them to not publish the story? Obviously they would have to trust officials that there was a bigger story in play, but they might not have trusted those officials, or thought that the story was important, and that the American public had a right to know that they might be in danger.

[lomatopo]

Another review of the AP Subpeona story:

In May 2012, the AP published an article detailing how the CIA had foiled a plot by Al-Qaeda in the Arabian Peninsula (AQAP), a Yemeni Al-Qaeda offshoot group, to blow up a U.S.-bound airliner. The AP had delayed the story for several days in response to a request by the U.S. government, which cited an ongoing intelligence operation. Satisfied that security concerns had been mitigated, the AP eventually published its account — despite further requests to hold off, and one day before the government’s official announcement of the scheme’s thwarting. At the center of the AP piece was a would-be suicide bomber, whom authorities strangely had not apprehended. “t is not immediately clear what happened to the alleged bomber,” the article observed. The picture quickly grew clearer. The next day, the New York Times, ABC, and other outlets reported that the the bomber was in fact a double agent who had infiltrated AQAP, obtained his bomb from Ibrahim Hassan al-Asiri, AQAP’s notorious explosives maker, and then passed the weapon to the FBI. NPR’s Dina Temple-Raston noted that officials had planned to reintroduce the double agent back into AQAP, but that the AP and subsequent stories made that impossible.

The leaks that led to the AP report were denounced at the time, both in and out of government. FBI director Robert Mueller testified before the Senate Judiciary Committee that “[l]eaks such as this threaten ongoing operations, put[] at risk the lives of sources, make[] it much more difficult to recruit sources, and damage[] our relationships with our foreign partners.” (Indeed, one former CIA official predicted that British intelligence services, which had played an important role in the operation, would be upset with their U.S. counterparts over the leaks.) Matthew Olson, director of the National Counterterrorism Center, went further and called the media leaks “devastating.” Sen. Chuck Grassley (R-IA) urged the FBI to “get to the bottom of it . . . [r]egardless of the political consequences.” Ditto Rep. Peter King (R-NY), who said the “FBI has to do a full and complete investigation, because this really is criminal in the literal sense of the word.” Following suit, Sen. Dianne Feinstein (D-CA) called for the leaker to be prosecuted.

The FBI began its investigation of the leak soon after the AP story. Among other things, it subpoenaed two months of phone records of various AP reporters and offices, including the AP’s telephone number at the House press gallery and several reporters and an editor who had contributed to the May story. Although the Justice Department did not notify the AP beforehand, it afterwards sent the AP a letter informing the organization of the subpoenas. The AP received the letter on Friday. (See below for a summary of regulations governing the subpoenas’ issuance.) According to the AP, the DOJ letter did not explain why it had sought the telephone records.

http://www.lawfareblog.com/2013/05/explainer-on-the-ap-subpoenas-controversy/

[lomatopo]

DoJ letter to the AP:

Justice Department: AP subpoenas limited

8:14 p.m. EDT May 14, 2013

We take this policy, and the interests that it is intended to protect, very seriously and followed it in this matter.

In May 2012, the Department of Justice opened criminal investigations into the unauthorized disclosure of classified information. Because such disclosures can risk lives and cause grave harm to the security of all Americans.

We strive in every case to strike the proper balance between the public's interest in the free flow of information, and the public's interest in the protection of national security and effective enforcement of criminal laws.

The Department of Justice declined to provide an opposing view. Below are excerpts from a letter sent by Deputy Attorney General James M. Cole to Gary Pruitt, president of the Associated Press.

Department policy provides that we should issue subpoenas for phone records associated with media organizations only in certain circumstances. There should be reasonable grounds to believe that a federal crime has been committed and that the information sought by the subpoena is essential to a successful investigation.

The Department should take all reasonable alternative investigative steps before even considering the issuance of such a subpoena. ... Any subpoena that is issued should be drawn as narrowly as possible, be directed at relevant information regarding a limited subject matter, and should cover a reasonably limited period of time.

http://www.usatoday.com/story/opinion/2013/05/14/justice-department-subpoenas-associated-press-editorials-debates/2159827/

[lomatopo]

In this story, ostensibly about the investigation into the Stuxnet leaks, I did find this interesting observation re: subpoenas, National Security Letters (NSL) and administrative subpoenas:

Department of Justice policy with regard to the issuances of subpoenas for telephone toll records of members of the news media is found at 28 C.F.R. § 50.10. The regulation concerns only grand jury subpoenas, not National Security Letters (NSLs) or administrative subpoenas. (The regulation requires Attorney General approval prior to the issuance of a grand jury subpoena for telephone toll records of a member of the news media, and when such a subpoena is issued, notice must be given to the news media either before or soon after such records are obtained.) The following approval requirements and specific procedures apply for the issuance of an NSL for telephone toll records of members of the news media or news organizations. [my emphasis]

http://www.emptywheel.net/2013/01/26/the-2011-diog-permits-using-nsls-to-get-journalist-contacts/

While AG Holder has said he delegated some responsibility, and "distanced himself" from this investigation, and assuming these were Grand Jury Subpoenas, it does look like he shirked his required responsibilities and should probably tender his resignation. I think that even if these were Administrative Subpoenas he should tender his resignation.

Interesting/relevant documents:

http://www.emptywheel.net/wp-content/uploads/2011/12/111015-DIOG-03-of-03.pdf]The Attorney General's Guidelines for Domestic FBI Operations[/url]

http://www.emptywheel.net/wp-content/uploads/2011/12/111015-DIOG-02-of-03.pdf]Domestic Investigations and Operations Guide <redacted>[/url]

Edited May 17, 2013 by lomatopo

[lomatopo]

Admittedly I haven't spent a lot of time getting thoroughly informed on this topic but my general observations include:

1.) The original AP story was obviously not a "whistle-blower" story, rather it may have been more of a "blowing our own horn" story, as some on the right initially framed this and the Stuxnet leaks. That is, leaked by the Obama administraition to make it look good fighting terror.

2.) The thrust of the investigation seems aimed at identifying leaks which may or may not have compromised on-going/future intelligence efforts.

3.) This does not appear to be a case in which the current administration is seeking to stifle, intimidate or otherwise restrict the activities of the Fourth Estate.

4.) Once the story appeared any damage was done, and the leaker(s) probably recognized their role, for better or worse. FWIW, the leaker(s) could even have been Saudis or Yemenis.

5.) The DoJ, and specifically the AG, probably should have handled the investigation in a more open, transparent and accommodating way.

6.) President Obama was not involved, directly or indirectly, in precipitating the investigation. However, he should dig AG Holder's letter of resignation out, and accept it.