Holder recused himself from DOJ decision to seize AP records

[babylonsister]

Holder recused himself from DOJ decision to seize AP records
By Daniel Strauss and Jordy Yager - 05/14/13 03:23 PM ET


Attorney General Eric Holder recused himself from the Department of Justice’s (DOJ) decision to secretly seize two months of phone records of Associated Press journalists.

Holder said he recused himself early on in the DOJ's investigation of what he described as some of the most serious leaks from government officials that jeopardized national security. Deputy Attorney General James Cole signed off on the subpoena authorizing the seizure of the AP's phone records last year.

Because he recused himself, Holder said he does not have all of the facts surrounding the probe, which is coming under intense scrutiny.

snip//

Holder did say on Tuesday that the leak that sparked the subpoena was "a very serious leak."

"This was a very serious leak. A very, very serious leak," Holder said. "It put the American people at risk, and that is not hyperbole. It put the American people at risk."

Holder said he recused himself to prevent any sort of appearance of conflict of interest.

more...

http://thehill.com/blogs/blog-briefing-room/news/299609-reports-holder-recused-himself-from-doj-decision-to-seize-ap-records

[CakeGrrl]

1. I wonder how long this will take to sink in

for the "Fire Holder!"/"Holder must resign!" crowd...

[morningfog]

2. He knew enough to sanction it while trying to stay clean.

I've wanted him for for years, though.

[babylonsister]

5. Do you know what the leak was?

Honest question: I've been at work all day and don't have a clue. Thanks!

[Hell Hath No Fury]

6. Yup --

Nice way to keep his hands clean and let someone else take the eventual heat.

[babylonsister]

3. They may not listen; sounds more and more

like another party around here at times.

[malaise]

4. Let the ReTHUGs fuck themselves up royally

This too will pass

[MetasticTwine]

7. But but but, HOLDER!!!!!!

It's just not as cool to call on Deputy Attorney General Cole to resign for investigating 100% within the confines of the authority granted to the DOJ under the USA PATRIOT Act.

[Enrique]

8. this sounds like "the buck stops elsewhere"

that's just what it sounds like to me.

[Cha]

9. K&RRR thanks babylonsistah. "Why The Department Of Justice Is Going After The Associated Press’

Records"

ThinkProgress: ….. Last year, the Associated Press reported that an Al Qaeda in the Arabian Peninsula plot had been foiled, thanks to a timely intervention on the part of the United States…. Why that drew the attention of the Justice Department, however, is that the CIA was the one who foiled the plot, which the AP report made clear….

…. by reporting the CIA’s involvement in foiling the plot, they put AQAP on notice that the CIA had a window into their activities. The AP’s reporting also led to other stories involving an operative in place within AQAP, and details of the operations he was involved in. That operative, it was feared, would be exposed and targeted by AQAP as retribution for siding with the United States…..

http://thinkprogress.org/justice/2013/05/13/2005021/doj-yemen-aqap/

[cali]

10. From the DoJ policy book

9-13.400

News Media Subpoenas; Subpoenas for Telephone Toll Records of News Media; Interrogation, Arrest, or Criminal Charging of Members of the News Media

In recognition of the importance of freedom of the press to a free and democratic society, it is the Department's policy that the prosecutorial power of the Government should not be used in such a way that it impairs a reporter's responsibility to cover as broadly as possible controversial public issues. Accordingly, Government attorneys should ordinarily refrain from imposing upon members of the news media forms of compulsory process which might impair the news gathering function. In all cases, members of the Department must balance the public's interest in the free dissemination of ideas and information with the public's interest in effective law enforcement and the fair administration of justice. The policies, procedures and standards governing the issuance of subpoenas to members of the news media, subpoenas for the telephone toll records of members of the news media, and the interrogation, indictment, or arrest of members of the news media are set forth in 28 C.F.R. § 50.10.

The Attorney General's authorization is normally required before the issuance of any subpoena to a member of the news media or for the telephone toll records of a member of the news media. However, in those cases where the media member or his or her representative agrees to provide the material sought and that material has been published or broadcast, the United States Attorney or the responsible Assistant Attorney General may authorize issuance of the subpoena, thereafter submitting a report to the Office of Public Affairs detailing the circumstances surrounding the issuance of the subpoena. 28 C.F.R. § 50(e).

Before considering issuing a subpoena to a member of the news media, or for telephone toll records of a member of the news media, Department attorneys should take all reasonable steps to attempt to obtain the information through alternative sources or means. 28 C.F.R. § 50.10(b). In addition, Department attorneys contemplating issuing a subpoena to a member of the news media must first attempt negotiations with the media aimed at accommodating the interests of the trial or grand jury with the interests of the media. 28 C.F.R. § 50.10(c). Negotiations with the affected media member must also precede any request to subpoena the telephone toll records of any member of the news media, so long as the responsible Assistant Attorney General determines that such negotiations would not pose a substantial threat to the investigation at issue. 28 C.F.R. § 50.10(d).

It appears that Holder is required by law to authorize such subpoenas as clearly the circumstance was not one where the media members agreed to provide the material sought.