May 29th, 2013
06:11 PM ET
11 months 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. yogi

    The strength of Fox is relying on lies, not facts.

    May 29, 2013 08:00 pm at 8:00 pm |
  2. Quixote

    Fox lying to try to create a phony scandal.......??????? Say it isn't so!

    Also....th idea that fox might have been involved in leaks, after murdoch was declared unfit to operate a corporation in th UK because fox was hacking into emails and phone messages of crime victims, members fos Parliament, and even the Queen......
    Yeah. A criminal cabal filled woth liars. No wonder they arsuch a perfect vehicle for the consvative movement.

    May 29, 2013 08:01 pm at 8:01 pm |
  3. Sandi

    Fox lied? I'm shocked! SHOCKED, I tell you! smh

    May 29, 2013 08:01 pm at 8:01 pm |
  4. andrew

    Once again..Fox and pundits deny, deflect and demure any knowledge of these missives yet the facts are plain and clear. This is how they operate. They should be charged with false statements and fined and shut down...if only wishes came true...

    May 29, 2013 08:01 pm at 8:01 pm |
  5. Dejavu65

    Of course Faux news lied.. They would do anything to make the administration and America look bad to further their own agenda!!

    May 29, 2013 08:04 pm at 8:04 pm |
  6. cpc65

    Picking on the one news agency worse than you?

    May 29, 2013 08:04 pm at 8:04 pm |
  7. Bamador

    "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?"

    Ummm...because you were Fox?

    May 29, 2013 08:05 pm at 8:05 pm |
  8. Chris5

    Hmmm...wonder what kind of "spin" O'Reilly is going to put on this?

    May 29, 2013 08:06 pm at 8:06 pm |
  9. ABarker

    CNN is a huge Obama fan and has worked hard to cover his butt every chance they've gotten. If the evidence exists, great. But produce it. I wouldn't take CNN's that it was raining outside much less anything else.

    May 29, 2013 08:08 pm at 8:08 pm |
  10. Hard Corps

    Looks like that noodle didn't stick to the wall either. What's the score now Republicans? 0 for 21 in fabricating BS and hoping it sticks? LMAO

    May 29, 2013 08:09 pm at 8:09 pm |
  11. Kevin H. Pollard

    Why is CNN more interested in attacking Fox News than it is expressing outrage at the actions of the Justice Department? Every American should be as outraged as they were when Richard Nixon's cronies stepped on the fairness of the election process back in the 1970s.

    The only answer can be a CNN effort to attack Fox's ratings; CNN's anemic audience is even beaten by HLN, its sister company.

    We need news organizations that are committed to protect all Americans, no matter what their political affiliations. We have an IRS that is out of control, a Justice Department that is out of control, a White House that suppresses the news, and a press that sits on its hands. This has happened in other countries before and led to disasters.

    May 29, 2013 08:10 pm at 8:10 pm |
  12. Ken

    It is all coming together. Bachman leaked classified information to a fox news reporter

    May 29, 2013 08:15 pm at 8:15 pm |
  13. George Dixon

    No, there is "proof" that DOJ notified an entity which owns Fox.

    Desperate coverage of desperate-for-cover democrats....a cnn tradition.

    May 29, 2013 08:17 pm at 8:17 pm |
  14. hey

    Fox is a joke of a network. CNN is somewhat better but has become enamored too much with touch screens and making it look like they are on the holodeck of the Enterprise. BBC is the only one with any real credibility.

    May 29, 2013 08:19 pm at 8:19 pm |
  15. unc?

    Why would they not show the email sent to Jacobs. I bet they send fax and certified letter to news organizations on a regular basis.

    May 29, 2013 08:20 pm at 8:20 pm |
  16. DNA

    Fox News lied? I DON'T BELIEVE IT!

    May 29, 2013 08:20 pm at 8:20 pm |
  17. Bob

    Is it the Justice Department's position that Fox failed to respond to a subpoena and Justice failed to seek resolution of such a failure? That's not how it works. A failure to respond to a subpoena is a serious legal matter. And Justice did nothing?

    May 29, 2013 08:23 pm at 8:23 pm |
  18. svann

    You should have known to send it registered mail so you get proof of receipt.

    May 29, 2013 08:24 pm at 8:24 pm |
  19. GenUFlect

    So the Department of Justice claims it notified Fox News that it was investigating Fox reporter James Rosen? Did they mention the subpoena's they obtained to spy on him were obtained illegally by lying to the judge? Or that it took them three tries before they could find a judge that would issue the subpoena? We cannot be rid of lying Eric Holder soon enough.

    May 29, 2013 08:24 pm at 8:24 pm |
  20. racegirl1

    Well Issa looks like you may want bacon to go with that egg on your face.

    May 29, 2013 08:31 pm at 8:31 pm |
  21. dillweed7

    FOX NEWS... eyes closed.... fingers in ears... saying La-La-La-La-La

    May 29, 2013 08:32 pm at 8:32 pm |
  22. MTATL67

    And the have nerve to accuse Administration of incompetent management.

    May 29, 2013 08:34 pm at 8:34 pm |
  23. king

    fox news is probably the worst broad casting station ever in the united states, and probably the world. they go against all the morals of journalism, their premiss of dismissing the facts, is a black eye for the new and upcoming journalist. if fox is setting new precedent for journalism which facts doesn't matter what should we expect of the new journalist that are just leaving college, and what should the American people expect, if they cannot rely on the media to put away bias stuff and tell the truth. fox have set a precedent, that facts doesn't matter, and all journalist should be striving for, is their objectives no matter what.

    May 29, 2013 08:34 pm at 8:34 pm |
  24. Jo Black

    Faux News Lied? No!

    May 29, 2013 08:34 pm at 8:34 pm |
  25. OldSchool

    FOX News reporting something that isn't true? Say it ain't so!

    May 29, 2013 08:35 pm at 8:35 pm |
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