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That’s the question asked by Katie Pavlich and Jim Hoft after the revelation that
Attorney General Eric Holder personally approved the application for a warrant on
Fox News’ James Rosen as a potential co-conspirator in espionage.
posted at 10:01 am on May 24, 2013 by Ed Morrissey
http://hotair.com/archives/2013/05/24/did-eric-holder-lie-in-congressional-testimony-last-week/
That’s the question asked by Katie Pavlich and Jim Hoft after the revelation that
Attorney General Eric Holder personally approved the application for a warrant on
Fox News’ James Rosen as a potential co-conspirator in espionage. Last week,
under relatively friendly questioning from Rep. Hank Johnson (D-GA) about the
Department of Justice seizure of Associated Press phone records, Johnson asked
about the potential to prosecute reporters under the Espionage Act of 1917.
”You’ve got a long way to go to try to prosecute the press for publication of
material,” Holder responded. Later, though, he returned to the topic unbidden,
emphasis mine (at the 5-minute mark):
As it turns out, Holder not only heard of it, he personally approved it. The
warrant in the Rosen case specified that he was considered a potential suspect in
the leak of classified material, the reason that the DoJ didn’t bother to follow the
existing Watergate-era statute in coordinating the records request with Fox
News. And note that Holder’s testimony in this case wasn’t produced by some
sophisticated perjury trap sprung by a Republican, but as a freely-offered
representation to no particular question during the question period of a Democrat.
There is no other way to view this except as a lie. Even if Holder wasn’t under
oath, that would constitute a felony punishable by up to five years in prison. It
certainly should produce at least a resignation, and almost assuredly would
require the appointment of a special prosecutor, especially since the next person
down in the organization, James Cole, is suspected of doing the same thing with
reporters.
Update: Looks like a wide bipartisan consensus has formed for Holder’s
resignation. The Huffington Post wants him gone, as does Esquire. A resignation
at this point is probably not enough, either, if the House decides that further
action is required after this false representation on a key issue.
Update: According to Guy Benson and Gabriel Malor, Holder was under oath:
@edmorrissey Yes he was.
— Guy Benson (@guypbenson) May 24, 2013
@edmorrissey @guypbenson The committee specifically said it was suspending the “no oath” courtesy.
— Gabriel Malor (@gabrielmalor) May 24, 2013
.@gabrielmalor @edmorrissey Here’s a photo of Holder raising his right hand prior to that testimony: timeswampland.files.wordpress.com/2013/05/rtxznq…
— Guy Benson (@guypbenson) May 24, 2013
I couldn’t recall this when I wrote the post, even though I watched most of that
hearing. That, of course, puts a charge of perjury on the table.
Update: Jennifer Rubin independently reached the same conclusion, and notes
the specificity in the warrant application of Rosen’s status as a suspect:
Indeed, along with the question of perjury in Congressional testimony.
Attorney General Eric Holder personally approved the application for a warrant on
Fox News’ James Rosen as a potential co-conspirator in espionage.
posted at 10:01 am on May 24, 2013 by Ed Morrissey
http://hotair.com/archives/2013/05/24/did-eric-holder-lie-in-congressional-testimony-last-week/
That’s the question asked by Katie Pavlich and Jim Hoft after the revelation that
Attorney General Eric Holder personally approved the application for a warrant on
Fox News’ James Rosen as a potential co-conspirator in espionage. Last week,
under relatively friendly questioning from Rep. Hank Johnson (D-GA) about the
Department of Justice seizure of Associated Press phone records, Johnson asked
about the potential to prosecute reporters under the Espionage Act of 1917.
”You’ve got a long way to go to try to prosecute the press for publication of
material,” Holder responded. Later, though, he returned to the topic unbidden,
emphasis mine (at the 5-minute mark):
In regard to potential prosecution of the press for the disclosure of material. This
is not something I’ve ever been involved in, heard of, or would think would be
wise policy.
As it turns out, Holder not only heard of it, he personally approved it. The
warrant in the Rosen case specified that he was considered a potential suspect in
the leak of classified material, the reason that the DoJ didn’t bother to follow the
existing Watergate-era statute in coordinating the records request with Fox
News. And note that Holder’s testimony in this case wasn’t produced by some
sophisticated perjury trap sprung by a Republican, but as a freely-offered
representation to no particular question during the question period of a Democrat.
There is no other way to view this except as a lie. Even if Holder wasn’t under
oath, that would constitute a felony punishable by up to five years in prison. It
certainly should produce at least a resignation, and almost assuredly would
require the appointment of a special prosecutor, especially since the next person
down in the organization, James Cole, is suspected of doing the same thing with
reporters.
Update: Looks like a wide bipartisan consensus has formed for Holder’s
resignation. The Huffington Post wants him gone, as does Esquire. A resignation
at this point is probably not enough, either, if the House decides that further
action is required after this false representation on a key issue.
Update: According to Guy Benson and Gabriel Malor, Holder was under oath:
@edmorrissey Yes he was.
— Guy Benson (@guypbenson) May 24, 2013
@edmorrissey @guypbenson The committee specifically said it was suspending the “no oath” courtesy.
— Gabriel Malor (@gabrielmalor) May 24, 2013
.@gabrielmalor @edmorrissey Here’s a photo of Holder raising his right hand prior to that testimony: timeswampland.files.wordpress.com/2013/05/rtxznq…
— Guy Benson (@guypbenson) May 24, 2013
I couldn’t recall this when I wrote the post, even though I watched most of that
hearing. That, of course, puts a charge of perjury on the table.
Update: Jennifer Rubin independently reached the same conclusion, and notes
the specificity in the warrant application of Rosen’s status as a suspect:
First, the affidavit (paragraph 45) asserts that DOJ exhausted all means
available to get the material from Rosen’s e-mails and phone, and “because of
[Rosen's] own potential criminal liability in this matter,” asking for the documents
voluntarily would compromise the integrity of the investigation. Moreover, the
affidavit asserts that the “targets” of the investigation (including Rosen) were a
risk to “mask their identity and activity, flee or otherwise obstruct this
investigation.” It is highly questionable whether Holder believed any of that to be
true. (Really, he imagined a Fox News reporter would flee the country? He
thought Rosen would don a disguise?) Was the affidavit a sort of ruse to get
Rosen’s records (or later to pressure his cooperation)? Did Holder intentionally
mislead a judge when he signed off on the affidavit? That is worth exploring.