Updated Monday 5/27 3:00 a.m. ET
(CNN)– The parent company of Fox News was aware years ago that the Justice Department was targeting one of its reporters in a leak investigation, sources said.
One law enforcement source said the Justice Department notified a media organization three years ago of a subpoena for detailed telephone records, and a second told CNN that organization was Fox News.
After that news broke, a Fox News executive said the Justice Department notified Fox's parent company News Corporation of the subpoena in May 2010. But Fox News itself apparently never got the word.
The subpoena came as the Justice Department was investigating Stephen Kim, a former State Department worker accused of the unauthorized disclosure of sensitive information to James Rosen, a Fox News reporter.
It is standard procedure for Justice Department officials to notify news organizations when they subpoena an outlet or its reporters.
MORE: Choice of Holder to lead leak review questioned
CNN and other media outlets have previously reported a separate Justice Department query into Rosen's e-mails. With the approval of Attorney General Eric Holder, Justice officials obtained a warrant from a federal judge to access Rosen's e-mails.
While Fox News is now acknowledging that the Justice Department notified its parent company about the phone records search, that notice apparently did not include anything about the separate search of Rosen's e-mail.
"In the investigation that led to the indictment of Stephen Kim, the government issued subpoenas for toll records for five phone numbers associated with the media," a law enforcement source told CNN. "Consistent with Department of Justice policies and procedures, the government provided notification of those subpoenas nearly three years ago by certified mail, facsimile and e-mail."
News Corporation spokesman Nathaniel Brown responded Sunday night in a carefully worded statement.
“While we don't take issue with the DOJ's account that they sent a notice to News Corp, we do not have a record of ever having received it,” Brown said. “We are looking into this matter.”
In a New York Times article, Lawrence A. Jacobs, a former chief legal officer for News Corporation, said he never saw a notification about the phone records. He left the post in June 2011.
“I would have remembered getting a fax from the Justice Department,” Jacobs told the Times in an interview on Sunday. “These are not the kinds of things that happen every day.”
Fox has said it learned of the warrant for e-mails only recently, and newly released court documents show the government was trying to keep the investigation under seal. The network did not disclose to its viewers that the phone records had been subpoenaed.
The government's notice did not detail the extent of the investigation, in which the government labeled Rosen a possible co-conspirator. An FBI affidavit used to obtain the warrant for Rosen's e-mails described him as potentially being an "aider and abettor and/or co-conspirator" to the crime of disclosing government secrets.
The Justice Department has come under scrutiny this month as news broke of two government probes into reporters' records. Besides the Rosen case, the Associated Press announced the department had dug into the phone records of its reporters, including work, cell, and home lines.
–CNN's Julie Cannold contributed to this report
Fox,the unfair and unbalanced comedy channel only has credibility with the gop brain dead and people stranded on deserted islands and maybe in north Korea and somila.
It's not called FauxNews for nothing.
Interesting that they waited until now to make such a big noise about it.
Doesn't this kinda – you know – make this a COMPLETE non"scandal"?
Well, we all know that F_X is slimy and evil. Their antics every day remind me of a bunch of bratty school kids on a playground. They are the worst examples of journalism EVER. Twisting, lying, misleading, omitting and doctoring information should be a crime in itself. Aftern all, they call themselves "fair and balanced news". Any adult watching their crap either is really uneducated OR someone who agrees with dirty tactics to accomplish political goals. Many of us hope F_X falls....hard!
Any one that watches Fox in 21st century got to an idiot.
Faux Noise lying about something??? How do you know Faux is lying – Someone's lips are moving!!
ok so that explains only 5 phone records, when did they notify them about the rest of the phone records, emails, ect.
and the justice dept. doesn't seem to mind leaks so much when they are the one leaking.... who leaked this "story"
In view of the Administration’s dubious record as of late as well as CNN’s startling silence on the cases involving the AP and Fox News, the infamous “sources” as well as CNN’s prominent attempt at disparaging Fox hold little water. It is fascinating, however, to what lengths the Administration (or “law enforcement sources” … of course anonymous) and CNN will go to suppress Fox’s trustworthiness and ratings. I wonder when we will reach the real lows with Jeff Zucker’s tactics to beat Fox in the ratings. How about a return to genuine and objective news reporting?
Shocker - tied to Rupert Murdoch - and shady, questionable activity? No couldn't be....
This is unbelievable; CNN is going after FOX for the AG's violation of the First Amendment. I guess the thrill is back for CNN, eh? Gotta watch out for our bud in the WH, right?
Ribbit. That's what frogs say.
Warrants, wiretaps, subpoenas of mainly enemies of the DNC. Set the wayback machine to William Clinton's days. Follow the NSA and FBI's trail of requests for covert warrants on Muhammad Atta. Sorry, he's a friend of the Saudi government, can't spy on him. But we surely can spy on US citizens.
Another attempt to deny and deflect to help Obama and his administration. The Department of InJustice targeting conservative reporters and government workers.
FoxNews and the conservative pundits caught in a red handed lie while they try to start a civil uprising.....
won't matter..these conservative media types thrive on hate..they will never change
Fixnews at it again.. Can we have some congressional hearings on the validity of fixnews as a real news organization or just plain gossip for the repubican'ts....
Another red herring perpetrated by Fox. Imagine that...
Why would anyone be surprised at this information? Fox peddles lies and deceptions on a regular basis, I doubt their "reporters" would know the truth if it slapped them in the face.
Fox trying to lie and mislead people? Say it isn't so.
So what is knew? The people a FAKe (Fox) NEWS are always either omitting or embellishing the news they wants their mostly ignorant fans hear. It is amazing how many haters of this country act like it is all our fall because we elected a Black man to be Prez., they rather this country goes to hell than to give our POTUS any slack. Haters all of them!!
AP and Foxs are culpable now that MSM like CNN are doing REAL INVESTIGATIVE JOURNALISM by asking questions...FOX now are staying mum....yeah. Whose chickens are coming home to roost now. YEAH FOX is propaganda and its time to close shop in America. The feds being unto Fox since their debacle in London!!! Fine work AG Holder, love someone whose's very efficient and effective! ALL THE WAY!
I am completely, totally SHOCKED that Fox News could have been lying....
Sadly, no one at Fox News ever actually hears about REAL NEWS....so they won't be talking about it much. Unless the breach occurred in Benghazi and was written on the back of a forged birth certificate of President Obama....they'll never even mention it.
news in your pocket and the world is yours.