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Wed May 29, 2013, 09:19 AM

The Rosen Case: Questions About the Kim Warrant

The Rosen Case: Questions About the Kim Warrant

Posted by Ryan Lizza

Below is a newly disclosed document from the Obama Administrationís case against Stephen Jin-Woo Kim, a State Department adviser accused of violating the Espionage Act of 1917 by allegedly giving classified information about North Korea to the Fox News reporter James Rosen...Many of the facts outlined in the Kim warrant were repeated in a subsequent, more controversial warrant for Rosenís Gmail account, which was uncovered last week. But Iím posting the Kim warrant for people who are following the case closely.

Three things strike me as notable:

1. Even before the government sought this search warrant, and certainly after it executed it, the case against Kim was strong. Early on, the government was able to find crucial e-mails between Kim and Rosen by monitoring Kimís State Department computer, which Kim used to check his Yahoo account. The government also had detailed phone records documenting numerous calls between the two men, including a call at the very time Kim was logged into his secure computer and was accessing the classified material that showed up in Rosenís article.

2. Whether Justice should be using the outdated Espionage Act to go after leakers at all is an important question (there may be legal routes that are more apt). But, if you put that aside for a moment and assume itís an appropriate tool, the strength of the governmentís case against Kim, which is clear in this newly disclosed search warrant, makes one wonder again why Attorney General Eric Holder allowed his prosecutors to take the unprecedented step of naming Rosen as an ďaider, abettor, and/or co-conspiratorĒ to the alleged crime in order to search Rosenís e-mails.

3. There is some evidence in this search warrant that the government realized that going after Rosenís personal e-mail would be controversial. A footnote in this document says, ďThe FBI is not at this time seeking a search warrant for [Rosenís Gmail account]. Rather, it is restricting its request for e-mail search warrants to accounts associated with Mr. Kim.Ē That was a notable moment of prosecutorial restraint in a case defined by overreach.

- more -


News Corp. vs. Fox News? (the Rosen story gets even more bizarre)

Rosen was informed?

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ProSense May 2013 OP
ProSense May 2013 #1

Response to ProSense (Original post)

Wed May 29, 2013, 10:41 AM

1. Kick! n/t

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