Kim and Rosen were on phone while Kim was stealing information

[Claudette]

One thing is clear, they did not find any reason to arrest or even question Rosen.

Well obviously, they didn't apply for an arrest warrant. Its a search warrant

The guy didn't know he was being spied on. Lovely how the government can just trample on people's rights in hopes of finding a crime.

A crime was already found. Kim's leaking of classified information was a crime. If Rosen's email contain evidence of it then those emails are subject to seizure.

Rosen committed no crime therefore the government has no legal right to his e-mails. It's the First Amendment of the Constitution. Journalists are protected. The Holder Justice Department did an "end around" on Rosen's rights by lying to a judge that it was a matter of national security and that Rosen was a co-conspirator in a crime.

Barack Obama is supposedly a constitutional scholar. How both he and Holder don't know this shit is appalling.

I guess Constitutional scholars aren't as good as they are cracked up to be.

As for Rosen? You can bet your ass if they found something they could charge him with they would have. No charges?? Obviously nothing chargable there.

Of course if Bush were POTUS OL'Lumpydo would be foaming at the mouth about how HIS AG and Justice Department were breaking the law.

Obama? No problem.

 

[CrusaderFrank]

Shades of "The Pentagon Papers"

 

[Oldstyle]

Well obviously, they didn't apply for an arrest warrant. Its a search warrant

A crime was already found. Kim's leaking of classified information was a crime. If Rosen's email contain evidence of it then those emails are subject to seizure.

Rosen committed no crime therefore the government has no legal right to his e-mails. It's the First Amendment of the Constitution. Journalists are protected. The Holder Justice Department did an "end around" on Rosen's rights by lying to a judge that it was a matter of national security and that Rosen was a co-conspirator in a crime.

Barack Obama is supposedly a constitutional scholar. How both he and Holder don't know this shit is appalling.

I guess Constitutional scholars aren't as good as they are cracked up to be.

As for Rosen? You can bet your ass if they found something they could charge him with they would have. No charges?? Obviously nothing chargable there.

Of course if Bush were POTUS OL'Lumpydo would be foaming at the mouth about how HIS AG and Justice Department were breaking the law.

Obama? No problem.

They were never going to go after Rosen with criminal charges. They would have been laughed out of court. The whole "criminal conspiracy" thing was designed to do only one thing...get a judge to give them the right to spy on journalists who didn't share their political viewpoint without those journalists having the ability to defend themselves against that spying.

 

[OohPooPahDoo]

The FBI accused Rosen of being a co-conspirator in a crime so that they could get access to his private e-mail account without informing him that they were doing so. If you understood the applicable law you'd know that it isn't illegal for a reporter to make public classified information.

It is illegal for anyone to participate in a conspiracy to commit a felony. If Rosen and Kim agreed with one another beforehand that Kim would leak the information to Rosen and Rosen knew the information was top secret, he's a conspirator. If Kim steals the information and Rosen only knows of the crime after the fact, he's not a co-conspirator. If you understood conspiracy law you'd know that.

So what law was Rosen breaking that allowed the Justice Department to make an end run on the First Amendment of the Constitution?

There was no "end run around" - due process requires a warrant and they got a warrant. And the law he is suspected of potentially violating is http://www.law.cornell.edu/uscode/text/18/793 - says so in the warrant application, did you read any of it?

And Rosen doesn't have to have broken any laws to be subject to a search, there merely must be probable cause to suspect he is in possession of evidence of a crime.

 

[OohPooPahDoo]

.

As for Rosen? You can bet your ass if they found something they could charge him with they would have. No charges?? Obviously nothing chargable there.

So any time the DOJ finds any evidence they file charges? Wouldn't that backlog the system?

Is the DOJ supposed to have proof of a crime before they seek a warrant to obtain evidence to prove the crime?