May 29th, 2013
06:11 PM ET
1 year 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. A Sane Person

    The same fox that hacked everybodys cellphone voicemails? And somebody believes them about anything? As expected, the evidence (again) shows them to be liars. They are organized crime and should be shut down.

    May 29, 2013 10:39 pm at 10:39 pm |
  2. Namedave

    So this makes breaking the law OK?

    May 29, 2013 10:43 pm at 10:43 pm |
  3. Operations

    Let's see.

    Republicans have (despite hating the media) seized the media-JOD issue as a "scandal". (They are right, but for the wrong motivations.)

    Fox – being the right wing propaganda arm for the GOP (started by someone on Nixon's staff who was angry about Watergate and how it went down) – sees an opening.

    JOD is wrong for having done what it did, but did provide notification it claims (not that it really matters.) Fox sees another way to enhance the scandal, and claims is wasn't.

    For this former republican, Fox loses the credibility contest. I have little faith in Holder – but less in Fox.

    And that is just plain sad.

    May 29, 2013 10:43 pm at 10:43 pm |
  4. birdyboy

    FOXNEWS is a joke that cares more about trying to make the OBama Admin. look bad even if it means running a story that would get Americans killed. They ,just like the Right-Winged Religious Conservatives ,don't care about America. Just their constant whining about how their Constitutional rights are being violated.

    May 29, 2013 10:44 pm at 10:44 pm |
  5. Pepe Pepe

    This is the most pathetic attempt to divert blame from a blatant violation of the law.

    Is anybody really dumb enough to believe that Fox New would just hide that the Obama admin was using the IRS to harass their employees during an election year?? They would had turn it into an issue 3 seconds after receiving a single unconfirmed word about it.

    May 29, 2013 10:47 pm at 10:47 pm |
  6. KBNJ

    First, WHY is a 'news' organization repeatedly covering what the Govt SAYS, and NOT the fact in the first place that the govt. took the records without notice?!?!
    Also "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."
    So they just took all his personal emails with NO notice?!?! Why isn't THAT the headline?!?!
    CNN – Don't even TRY to consider yourselves anything other than the propaganda wing of the current admin. Frankly, you disgust me. The job of journalists is to keep Govt. HONEST, not cover for them at every turn.

    May 29, 2013 10:47 pm at 10:47 pm |
  7. katahdin

    So Fox lied?
    I'm shocked, shocked that Fox would be guilty of dishonesty. It's so unlike them!

    May 29, 2013 10:49 pm at 10:49 pm |
  8. opinion8it

    dang... Fox caught in yet another lie.

    May 29, 2013 10:52 pm at 10:52 pm |
  9. Jc

    Ok, but what about the AP? That was the first subpoenas, and the only one the GOP is asking a panel for. They told Fox before the subpoena was executed, but bypassed that little law to get to the AP. I just don't understand how people don't see how crazy wrong this guy is.

    May 29, 2013 10:52 pm at 10:52 pm |
  10. Colo001

    You have to be kidding This is the Damn Department of Justice for the United States of America and they have to run to CNN of all outlets and show proof they sent a letter to Fox. They sound like a bunch of High School kids. I would respect them a lot more if they just stood up and said we made a mistake. Apologize and correct the problem. This is romper room. How can we as American citizens possibly have any faith or respect for the DOJ.

    May 29, 2013 10:54 pm at 10:54 pm |
  11. HenryB

    And these supposed "Fair and Balanced" and "We Report, You Decide" "news" network says that it did not receive any notification. What do they want as proof? How about the records that are sitting in Fixed News records. Only a complete fool would deny getting these things.

    May 29, 2013 11:01 pm at 11:01 pm |
  12. Deb in MT

    As if actual, verifiable facts matter to Issa and his wild bunch! Right wingers don't do facts when the facts on record contradict the 'facts' in their little fever dreams.

    Sigh.

    May 29, 2013 11:04 pm at 11:04 pm |
  13. LilberalsSuck

    Typical CNN. Ignore all of Obama's scandals & try to shift the focus in any way they can. Pathetic!

    May 29, 2013 11:04 pm at 11:04 pm |
  14. Imldrtaws

    Yeah. First to comment!

    May 29, 2013 11:07 pm at 11:07 pm |
  15. Jack

    Mr. Jacob's just saying that you are not suggesting that anyone is lying, it is one of the oldest lawyer and journalist trick. By putting that thought in the mind of the reader, it you soon become fact and you'll have your supporter's or those that support your position saying that the other party is lying.

    Mr. Jacob, I've been around block too many times to fall for that one!

    May 29, 2013 11:09 pm at 11:09 pm |
  16. truthteller

    Fox busted in another Lie.

    May 29, 2013 11:10 pm at 11:10 pm |
  17. Allan

    Email is NOT a reliable way to notify someone of legal matters. The emails could easily go into a SPAM folder, or in some corporate systems could even be blocked, especially if there were attachments. Legal matters should ALWAYS be communicated by registered mail or courier where somebody needs to sign for it in person!

    May 29, 2013 11:14 pm at 11:14 pm |
  18. Jan

    Still stinks!

    May 29, 2013 11:15 pm at 11:15 pm |
  19. TommyTT

    Fox? Twisting facts to suit a partisan agenda after sitting on something they knew all about for a couple of years? Naw, that would NEVER happen. ;-)

    May 29, 2013 11:15 pm at 11:15 pm |
  20. Russell L. Kuykendall

    The people at Fox keep lying even when they get cought RED-HANDED!! Its no wonder there known as 'The National Enquirer of News Networks'

    May 29, 2013 11:18 pm at 11:18 pm |
  21. Bob

    It doesn't prove anything, as CNN continually pointed out, they didn't show them the actual message. That's like me saying I paid my taxes and here are some cancelled checks to prove it but I black out the person written in the payee line. Why do we trust the government with anything they say? Someone answer that question. Please.

    May 29, 2013 11:22 pm at 11:22 pm |
  22. George

    I don't get it. Isn't it a good thing to ask for a search warrant? It seems to me that this is the proper thing to do as opposed to swooping in and taking records without any judicial review i.e. a search warrant is issued by a judge, right?

    May 29, 2013 11:24 pm at 11:24 pm |
  23. Frmr Mrine

    What? Fox is lying about something? I'm sure that can't be right.

    May 29, 2013 11:24 pm at 11:24 pm |
  24. nomad2003

    reporters name blacked out,,, how nice....no notice on personal emails/phones nor parents.... first two judges refused to sign it...
    it took a third.... paragraph 45 of the affidavit, showed charges for prosecution...

    And the information printed was NOT classified!!!

    CNN, nice try to deflect the outrage at this....
    also no news on the IRA mess which is worst each day... and Benghazi....

    CNN is getting to be more of an Obama supporter than a news organization....

    May 29, 2013 11:25 pm at 11:25 pm |
  25. Scott

    Hmmmm Fox "Forgot" they were notified and it made the Obama administration look bad... go figure

    May 29, 2013 11:26 pm at 11:26 pm |
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