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. Roscoe

    Who cares. The Obama administration is a disgrace.

    May 30, 2013 12:44 am at 12:44 am |
  2. Donald Miller

    A guy working for Fox News asks, "Why would I sit on it"


    Because you work for Fox News!!!!!!!!!!!!!!!!

    May 30, 2013 12:47 am at 12:47 am |
  3. Jon

    I think the personal home, and office phone records of everyone in the IRS and the DOJ should be made public, so the people can get together and find out what was being said by calling and interviewing everyone to whom a phone call was placed by ANY member of the IRS, DOJ, CIA and DOD....

    May 30, 2013 12:58 am at 12:58 am |
  4. pep

    FoxNews is about to get a taste of it's own medicine.

    May 30, 2013 01:00 am at 1:00 am |
  5. Agent Michael Scarn

    Wow, who would have guessed that Faux News blatantly lied to try and create a false political scandal? Answer, nobody with an ounce of critical thinking skills.

    May 30, 2013 01:30 am at 1:30 am |
  6. Truth Partner 12

    Now how was Fox told that Rosen's home and parents' phone lines were tapped?

    May 30, 2013 01:31 am at 1:31 am |
  7. BHO123

    Leave the media alone. I don't care if it's conservative or liberal media, get the government out.

    May 30, 2013 01:47 am at 1:47 am |
  8. RaiseQuestions

    So the justice department's evidence is that they sent a fax that may or may not have gone through and which may have just been a blank sheet of paper. Nice.

    May 30, 2013 01:53 am at 1:53 am |
  9. Anonymous

    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...

    May 30, 2013 01:58 am at 1:58 am |
  10. Homer

    Without specifics, they prove nothing. Smoke and mirrors. CYA attempt, that's all. Holder is so slimy.

    May 30, 2013 02:27 am at 2:27 am |
  11. Reckless

    And boom goes the dynamite! Wow they really are "faux" news.

    May 30, 2013 02:38 am at 2:38 am |
  12. mountainlady

    How many hoops does Justice need to jump through to convince Fox News that they did their job? The constant and unremitting witch hunt by Fox News to find fault with the Obama administration drains national funds and national patience. It's not going to stop as long as a black man with an Arab sounding name is in the White House. This is where your tax dollars are spent. He won. Twice. Get over it.

    May 30, 2013 02:54 am at 2:54 am |
  13. David Marriott

    Eric Holder indeed went to 3 different judges, before he could acquire a warrant based on frivulous gronds! In laymens nomenclature this means that the government had no case and 2 out of the three judges that Holder approached refused to sign his warrants! Further more, the dept. of justice is conveniently unable to verify or confirm that FOX news was notified and what content was contained the e-mail accordind to their own sources and this article! In essence Eric Holder was wrong or this article is about nothing!

    May 30, 2013 02:57 am at 2:57 am |
  14. gajfreeman

    Another example of Fox News lying...Each time conservatives try to "get" President Obama, it is discovered they falsify ACORN, the Agriculture administrator, Benghazi....Have they no ethics or morals?

    May 30, 2013 03:55 am at 3:55 am |
  15. Eric Darling

    Proof once again that Fox News and Conservative Republicans are lying through their teeth about this, and just about everything else. Benghazi, Fast & Furious, the IRS and now this made up scandal. Americans are sick of the GOP and it's dirty political tricks.

    May 30, 2013 04:06 am at 4:06 am |
  16. Brandon

    Sooo... basically the justice department says it notified fox news about the subpoenas but they cant prove that Rosen received them? hmmmmm. Sound's like the justice dept. is trying to cover their butts by lying.

    May 30, 2013 04:15 am at 4:15 am |
  17. Hillcrester

    The usual Faux News blather. They should be shut down as a national security threat.

    May 30, 2013 05:00 am at 5:00 am |
  18. Al

    So, since 2009 and the DOJ can't get a court date to get a trader off the streets. And see traders during a war or a peace mission can be put to death. The reporter only did his job, no one was killed due to the actions of the press, this was an investigative reporter that searched and found the truth, and printed it.

    May 30, 2013 05:09 am at 5:09 am |
  19. Greg C.

    This is the most unprofessional Administration I have ever seen; while the issue this article addresses is attempting to redirect the core issue, to have the Justice Department selectively single out CNN, not an impartial news organization, attempt to show them so-called correspondence that somehow can't be shown in its entirety nor any evidence to show such communications reached their intended audience...makes this whole thing look contrived. This isn't good journalism and it's most unbecoming of an institution that should avoid such tactics as selective media grooming. Obama is going to leave a legacy; not a good one.

    May 30, 2013 05:11 am at 5:11 am |
  20. Mtheumer

    Not a peep here I see. Odd.

    May 30, 2013 05:21 am at 5:21 am |
  21. CWT

    Holder is going down this time.

    May 30, 2013 05:22 am at 5:22 am |
  22. Robert

    You mean CNN is now serving as a propaganda arm for the Obama administration and aligning with DOJ against FOX News-its primary competitor?" Say it ain't so!

    May 30, 2013 05:49 am at 5:49 am |
  23. Harleigh Kiffer

    Proof comes from being able to read emails and wiretaps from phones at Fox News!!!

    May 30, 2013 05:49 am at 5:49 am |
  24. Walter

    CNN continues to lie. The Justice Department says it told News Corp., not, I repeat, not, Fox.

    May 30, 2013 05:49 am at 5:49 am |
  25. sc

    Wait a minute, are we talking about the same fox that did illegal taps in england?

    May 30, 2013 06:07 am at 6:07 am |
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