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. Tooth Fairy

    "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."

    LOL...pretty much sums it up.

    May 30, 2013 06:13 am at 6:13 am |
  2. JJ

    The "JUSTICE" department; what a joke..........
    Maybe start calling it the INJUSTICE DEPARTMENT?

    May 30, 2013 06:17 am at 6:17 am |
  3. Nychsa

    Thank you Mr. Holder for trying to protect those people working in the Intelligence Community. I personally am sick and tired of journalists leaking National Security Information without impunity. If a journalist is found with classified information in their hands, and they know it is classified and they intend to make it public, they should be thrown in jail and the key tossed away. It takes years, and a great deal on the part of covert operatives to build connections, gather information, form relationships, and all that is destroyed when one single idiot journalist decides they want to be important and publish classified information. It is a lame excuse for them to try to hide behind their right to free speech. It is nothing short of treason.

    May 30, 2013 06:23 am at 6:23 am |
  4. babooph

    Fox news lied?I am SO shocked !

    May 30, 2013 06:36 am at 6:36 am |
  5. ge

    fox news =1930 germany

    May 30, 2013 06:41 am at 6:41 am |
  6. Truth

    Another revealing article about CNN. I equate it to blaming the pedestrian who saw the car coming and not the drunk driver who hit him.

    May 30, 2013 06:42 am at 6:42 am |
  7. Marie MD

    faux news lives in a world of their own and need to be reigned in.
    stossel had a climate expert on but as soon as the expert started stating facts about global warming stossel stopped him and the expert said that he couldn't talk to people who wouldn't listen so he got up and left stossel admiring himself.

    May 30, 2013 06:44 am at 6:44 am |
  8. jon

    So the DOJ doesn't possess the technology to print whatever time stamp they want?

    May 30, 2013 06:45 am at 6:45 am |
  9. Blah blah the wheel's off your trailer

    This racist right wing communist network should be sued and then removed from public broadcasting.

    May 30, 2013 06:48 am at 6:48 am |
  10. Michael

    Does this surprise anyone that Faux Noise raised a ruckus without having their facts straight? Has the "fair and balanced" news outlet (oxymoron if there ever was one) ever done this before? And of course they and their "counsel" are going to whine about never having received any such information. Granted a fax and certified mail receipt does not guarantee that the intended persons actually got the information, but once it arrives at the destination, the sender is off the hook. Fox News should retract all of he hatred and vitriol they've been spewing from their collective pie holes about Holder holding out. I'm all about freedom of speech and expression but those P'taQs are like yelling Fire in a movie theater ...

    May 30, 2013 06:49 am at 6:49 am |
  11. AL in West Palm Beach, FL

    Fox News is lying about lying to its viewers about something....then the truth comes out that shows Fox News has been lying all along?


    May 30, 2013 06:51 am at 6:51 am |
  12. Blah blah the wheel's off your trailer

    The bigoted racist right wing party and network would do anything to compromise our national security to see to it that our black President fails. Perhaps they don't realize that if this country is struck down, then they too would be struck down.

    May 30, 2013 06:59 am at 6:59 am |
  13. jeff

    The DOJ investigating itself. Nothing to see here, move along.

    May 30, 2013 06:59 am at 6:59 am |
  14. Dave

    Get the word out to the Public. Most are being sooo fooled by Fox and their fanatics that it's painting a skewed picture. To you no where with Hannity and his like.

    May 30, 2013 07:00 am at 7:00 am |
  15. Disgusted Reader

    In other words – and it sure would be nice if the Me-Too Media finally admitted it themselves – is that there is no "scandal" at ALL w.r.t. this subject matter.

    May 30, 2013 07:06 am at 7:06 am |
  16. Just a thought

    Yes, GOP/Tea a Tards ...amazing how the facts get in the way of all your idiot investigations. Why don't you group of knuckle draggers try governing, something you fools have never done.

    May 30, 2013 07:07 am at 7:07 am |
  17. SentTheWave

    "I have no recollection of anyone receiving anything....Why would I sit on it?"

    Maybe to try and make a victim out of yourself?

    May 30, 2013 07:08 am at 7:08 am |
  18. Gurgyl

    Entire Legal system is Flawed. Get attorneys these crooks are total unethical–cheating, overcharging, tax-evading–get these animals in the nation.

    May 30, 2013 07:09 am at 7:09 am |
  19. ipmutt

    Is that how you make it right. You have a president running several of the biggest and dirtiest scams ever on America and he has one monion tell a disconnected company they are planning to persecute some Fox news employees. Does mainstream media thing that makes all of the other dirty tricks OK? Not if you are true to yourselves. Maybe if you are a politically driven hypocrite.

    May 30, 2013 07:10 am at 7:10 am |
  20. Big Bird Johnson

    The article itself says that the DOJ did not tell FOX about the emails. Of course CNN is going to try and paint conservatives and FOX news as the liars. Typical. Hey CNN, how are those ratings? lol

    May 30, 2013 07:21 am at 7:21 am |
  21. Yea CNN

    Hey, CNN is now covering the scandals. Could it be because of exculpatory evidence? Anyone else notice the news blackout beginning about a month ago on CNN covering Obama scandals?

    May 30, 2013 07:25 am at 7:25 am |
  22. bckerr

    Wait, they still allow Fox News to broadcast as real news? I thought that was just a commentary show.

    May 30, 2013 07:26 am at 7:26 am |
  23. oldbones24

    Fox News supported the Patriot Act until it bit them in the arz. Haha

    May 30, 2013 07:27 am at 7:27 am |
  24. Grey

    Having evidence that you sent an e-mail is completely different than having evidence that you received a response.

    May 30, 2013 07:32 am at 7:32 am |
  25. bob ho

    time to sue CNN and subpoena their email and find out what illegal contacts have been taking place to with DOJ to attack Fox News in violation of the Sherman Act.

    May 30, 2013 07:36 am at 7:36 am |
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