May 29th, 2013
06:11 PM ET
5 years ago

DOJ says e-mails, letter prove it notified Fox of subpoenas

Updated 8:04 p.m. on Wednesday, 5/29

Washington (CNN) – Under fire for seeking records of journalists' communications, government officials pushed back Wednesday against statements from Fox News that it was not notified about government subpoenas to the organization.

On Wednesday a law enforcement official showed CNN paperwork to support Justice's claim that on August 27, 2010 three messages were sent out about the subpoenas and went to both a lawyer for Fox News' parent company, News Corporation, and reporter James Rosen.

The Justice Department subpoenas were for two days of phone records in 2009 during a national security leak investigation. The department said it notified Fox News about seeking toll records for five phone lines but did not tell them about seeking access to Rosen's personal email traffic. When news of the search warrant became public, Fox News released a statement acknowledging Rosen was the reporter described in the affidavit and expressing outrage.

The official said two notifications were sent to Lawrence Jacobs who was the senior counsel for News Corporation. The law enforcement official showed CNN a fax receipt with a time stamp to show something was faxed to Jacobs at precisely 4:09 pm on August 27. In addition, CNN was shown a U.S. Postal Service certified mail receipt indicating a registered letter was sent to Jacobs the same day. The official did not show the messages sent to Jacobs.

CNN was also shown an email to the Fox News reporter sent at 4:20p on August 27th. The reporter's name was blacked out but the official acknowledged it was sent to Rosen. The reporter also was copied on the letter sent to Jacobs. Again, CNN was not shown what message was sent.

The law enforcement official stated that there was no indication that any of the messages did not go through. But the official also did not provide any further proof that the intended parties actually received the communications.

"Nobody has bothered to show me anything," Jacobs told CNN Wednesday. "I am not suggesting anybody is lying. But I have no recollection of anyone receiving anything....Why would I sit on it?"

Jacobs left News Corp in in June 2011 but said he's been in contact with his old company and officials there have said they have searched records and found no messages from Justice Department officials about seeking phone records.

CNN has reached out to Fox for comment on the newly disclosed documents. In the past, Fox has said they were not notified about subpoenas for phone records.

The Justice Department was seeking the information as part of an investigation into who allegedly leaked a classified report on North Korea to Fox in 2009. Stephen Jin-Woo Kim, who was working at the State Department at the time, was later charged with unlawful disclosure of national defense information, a violation of the Espionage Act. He has not gone to trial yet but has pleaded not guilty. Rosen was not charged with a crime.

A second law enforcement official told CNN Tuesday that three notifications had been sent about seeking the phone records. The official stressed the request was limited to toll records and would only show what calls were made from five Fox phone numbers and who called into those numbers.

Earlier this month an affidavit became public showing the government sought e-mail communications between Kim and Rosen. The affidavit suggested the reporter might have broken laws. Rosen's name was not given in the documents, which is common when someone is not charged in a case.

Filed under: Fox News • Justice Department
soundoff (444 Responses)
  1. rs

    So sad. Yet another Republican, lie-fueled, over-hyped controversy dies in the ditch. You'd think they would learn....but they are Republicans and this is (foreign-owned) FOX News.

    May 29, 2013 06:17 pm at 6:17 pm |
  2. Gurgyl

    GOP thugs do not care–these animals talk of Benghazi and IRS etc, not deficit is reduced and focus on green energy.

    May 29, 2013 06:28 pm at 6:28 pm |
  3. IvotedforObama

    GOTCHA Fake News!

    May 29, 2013 06:33 pm at 6:33 pm |
  4. Oh For Pete's Sake!

    So the DoJ sent a memo about 5 phone lines – they NEVER specified delving into Rosen's private e=mails ??? They've got PROOF of very little.

    May 29, 2013 06:35 pm at 6:35 pm |
  5. John Maroney

    I think one major fact that's coincidentally being left out by CNN, is that Holder shopped around for a judge to sign the subpoena. Kinda makes you wonder what's really going on.

    May 29, 2013 06:36 pm at 6:36 pm |
  6. wolfpackbob

    IF the DOJ sent it and FOX received it, why would FOX sit on it and do NOTHINB?

    May 29, 2013 06:39 pm at 6:39 pm |
  7. amazed2

    Facts always seem to get in the way of the Faux News verbiage....

    May 29, 2013 06:39 pm at 6:39 pm |
  8. brian

    i tell my wife stuff when she was sleeping... does that count? warn people before killing them, does it make it legal? What relevance is it that DOJ is now bringing up stuff? Talk about being desperate in save their head's butt. He knows what happens when people purger themselves. Law should apply here and Holder needs to go to jail for lying repeatedly under oath.

    May 29, 2013 06:41 pm at 6:41 pm |
  9. John

    This is going to get nasty.....

    May 29, 2013 06:43 pm at 6:43 pm |
  10. Grahame Rhodes

    People at FOX NEWS can't read anyway

    May 29, 2013 06:46 pm at 6:46 pm |
  11. Southern Observer

    Imagine it: A media company owned by foreigners comes to America and undercuts its competition until it has a lead in viewers then begins to undermine our nations' news organizations as un-American, and casting doubt against our government and our public officials.

    The owners, all wealthy foreigners, get rich telling Americans to not trust American institutions, expecially the other media companies and the government.

    Why do foreigners get to set the agenda for Americans?

    Watch American TV, read American newspapers. Fox News lies to you every day to obtain

    May 29, 2013 06:47 pm at 6:47 pm |
  12. William

    Another example of lies from Fox!

    May 29, 2013 06:48 pm at 6:48 pm |
  13. shane

    this was all just a made up issue. to take pressure of the republican if they pass immigration reform. now the republican pushed to hard so the deal is falling apart and they will look like fools on both counts.

    May 29, 2013 06:50 pm at 6:50 pm |
  14. Sam Adams

    The probability that all communication attempts by the government failed to reach any of the intended recipients is very low.

    May 29, 2013 06:52 pm at 6:52 pm |
  15. wwf

    Man up fox. Doubt you will. You only rely on half truths and lies for your news.

    May 29, 2013 06:52 pm at 6:52 pm |
  16. Terry Vann

    Facts don't seem to be an important ingredient in most Fox News reports

    May 29, 2013 06:55 pm at 6:55 pm |
  17. Terry Vann

    Fox news response: We have our own facts, thank you very much

    May 29, 2013 06:56 pm at 6:56 pm |
  18. Terry Vann

    I love fox news! not!

    May 29, 2013 06:57 pm at 6:57 pm |
  19. Andrew

    Interesting... you go over to Fox and this story has seemingly dropped off the radar. Hand caught in the cookie jar much?

    May 29, 2013 06:58 pm at 6:58 pm |
  20. George

    Probably why FOX and conservatives in general has really downplayed making an issue about this matter. Funny, as they were the ones who initially made this a crisis in the first place...

    May 29, 2013 06:59 pm at 6:59 pm |
  21. theoldfool1950

    Fine, let's recognize it for what it is and move on. Governmental overreach is nothing new. Slap hands and get on with the job.

    May 29, 2013 07:02 pm at 7:02 pm |
  22. mark

    Ha HA HA!!! So much for the conspiracy!!!! DOJ followed the law to the letter. Wonder when FOX NEWS will report this. Probably never.

    No one cares anyway, what a bunch of old angry white people think. That is, IF they think – which I highly doubt!!!

    May 29, 2013 07:03 pm at 7:03 pm |
  23. suppackman

    If CNN would spend have the time doing their job of counter weight to the government as they are trying to discredit FOX, perhaps these power grabs and intimidations by the government wouldn't have occurred.

    May 29, 2013 07:06 pm at 7:06 pm |
  24. lisa S

    Why would anyone believe anything that the DOJ says at this point? Realistically, why would an attorney for News Corp not reveal to their client that their records were being searched? How stupid does the Administration think we are? Oh, thats right....they know that half the country is pretty stupid...they re elected Obama and continue to drink the kool aid! CNN will continue to carry Obama's water so expect more of the same from this "trusted" news source.
    Holder and the DOJ have lied about so much, why believe this?

    May 29, 2013 07:10 pm at 7:10 pm |
  25. Hacksawz

    FAUX "news" lies about everything else. Logic would have it that they are lying about this also.

    May 29, 2013 07:11 pm at 7:11 pm |
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