Govt obtains wide AP phone records in probe

PapaG · May 13, 2013

No search warrants or tap approval. Everyday is more destruction of civil liberties by these fascists.

http://bigstory.ap.org/article/govt-obtains-wide-ap-phone-records-probe

WASHINGTON (AP) — The Justice Department secretly obtained two months of telephone records of reporters and editors for The Associated Press in what the news cooperative's top executive called a "massive and unprecedented intrusion" into how news organizations gather the news.

The records obtained by the Justice Department listed incoming and outgoing calls, and the duration of each call, for the work and personal phone numbers of individual reporters, general AP office numbers in New York, Washington and Hartford, Conn., and the main number for AP reporters in the House of Representatives press gallery, according to attorneys for the AP.

In all, the government seized those records for more than 20 separate telephone lines assigned to AP and its journalists in April and May of 2012. The exact number of journalists who used the phone lines during that period is unknown but more than 100 journalists work in the offices whose phone records were targeted on a wide array of stories about government and other matters.

In a letter of protest sent to Attorney General Eric Holder on Monday, AP President and Chief Executive Officer Gary Pruitt said the government sought and obtained information far beyond anything that could be justified by any specific investigation. He demanded the return of the phone records and destruction of all copies.

"There can be no possible justification for such an overbroad collection of the telephone communications of The Associated Press and its reporters. These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two-month period, provide a road map to AP's newsgathering operations, and disclose information about AP's activities and operations that the government has no conceivable right to know," Pruitt said.

The government would not say why it sought the records. U.S. officials have previously said in public testimony that the U.S. attorney in Washington is conducting a criminal investigation into who may have leaked information contained in a May 7, 2012, AP story about a foiled terror plot. The story disclosed details of a CIA operation in Yemen that stopped an al-Qaida plot in the spring of 2012 to detonate a bomb on an airplane bound for the United States.
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DaLincolnJones · May 13, 2013

wow

lets see..

some reporters start to go after obama..reporters phone records get jacked...oh, it means nothing

BLAZINGGIANTS · May 13, 2013

Another method the Obama Administration is using to control the media.

Awesome.

Denny Crane · May 13, 2013

The 1st amendment means as little to these guys as the 2nd does.

It's ok because the constitution is a living document.

ABM · May 13, 2013

This is awesome. I'm converting to Democrat. Seems more safe.

maxiep · May 13, 2013

I wonder why all these stories are breaking now?

PapaG · May 13, 2013

...if Bush had done this...

Open Letter to Eric Holder from the CEO of the AP

http://www.ap.org/Images/Letter-to-Eric-Holder_tcm28-12896.pdf

May 13, 2013
Attorney General Eric Holder
Department of Justice Washington, D . C .

Dear General Holder :

I am writing to object in the strongest possible terms to a massive and unprecedented intrusion by the Department of Justice into the newsgathering activities of The Associated Press.

Last Friday afternoon, AP General Counsel Laura Malone received a letter from the office of United States Attorney Ronald C. Machen Jr. advisin g that, at some unidentified time earlier this year, the Department obtained telephone toll records for more than 20 separate telephone lines assigned to the AP and its journalists. The records that were secretly obtained cover a full two month period in early 2012 and, at least as described in Mr. Machen’s letter, include all such records for, among other phone lines, an AP general phone number in New York City as well as AP bureaus in New York City, Washington, D.C., Hartford, Connecticut, and at the House of Representatives. This action was taken without advance notice to AP or to any of the affected journalists, and even after the fact no notice has been sent to individual journalists whose home phones and cell phone records were seized by the Department.

There can be no possible justification for such an overbroad collection of the telephone communications of The Associated Press and its reporters. These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two month period, provide a road map to AP’s newsgathering operations, and disclose information about AP’s activities and operations that the government has no conceivable right to know.

That the Department underto ok this unprecedented step without providing any notice to the AP, and without taking any steps to narrow the scope of its subpoenas to matters actually relevant to an ongoing investigation, is particularly troubling.

The sheer volume of records obtained, most of which can have no plausible connection to any ongoing investigation, indicates, at a minimum, that this effort did not comply with 28 C.F.R. §50.10 and should therefore never have been undertaken in the first place. The regulations require that, i n all cases and without exception, a subpoena for a reporter’s telephone toll records must be “as narrowly drawn as possible.’’ This plainly did not happen.

We regard this action by the Department of Justice as a serious interference with AP’s constitutional rights to gather and report the news. While we evaluate our options we urgently request that you immediately return to the AP the telephone toll records that the Department subpoenaed and destroy all copies. At a minimum, we request that you take steps to segregate these records and prohibit any reference to them pending further discussion and, if it proves necessary, guidance from appropriate judicial authorities. We also ask for an immediate explanation as to why this extraordinary action w as taken, and a description of the steps the Department will take to mitigate its impact on AP and its reporters.

Given the gravity of this situation, I look forward to your prompt response.

Sincerely,

Gary Pruitt
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PapaG · May 14, 2013

Bump this one. I almost forgot about it.

maxiep · May 14, 2013

PapaG said: ↑

Bump this one. I almost forgot about it.
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Surprisingly, "the most transparent administration in history" has too many scandals to track. I guess you can take the boy out of Chicago, but you can't take Chicago out of the boy.

PapaG · May 19, 2013

AP CEO calls records seizure unconstitutional

http://news.yahoo.com/ap-ceo-calls-...QXR0V2lkZ2V0cm9uQXNzZW1ibHk-;_ylg=X3oDMTFkcW5

WASHINGTON (AP) — The president and chief executive officer of The Associated Press on Sunday called the government's secret seizure of two months of reporters' phone records "unconstitutional" and said the news cooperative had not ruled out legal action against the Justice Department.
Gary Pruitt, in his first television interviews since it was revealed the Justice Department subpoenaed phone records of AP reporters and editors, said the move already has had a chilling effect on journalism. Pruitt said the seizure has made sources less willing to talk to AP journalists and, in the long term, could limit Americans' information from all news outlets.

Pruitt told CBS' "Face the Nation" that the government has no business monitoring the AP's newsgathering activities.

"And if they restrict that apparatus ... the people of the United States will only know what the government wants them to know and that's not what the framers of the Constitution had in mind when they wrote the First Amendment," he said.
In a separate interview with the AP, Pruitt said the news cooperative had not decided its next move but had not ruled out legal action against the government. He said the Justice Department's investigation is out of control and President Barack Obama should rein it in.

"It's too early to know if we'll take legal action but I can tell you we are positively displeased and we do feel that our constitutional rights have been violated," Pruitt said.

"They've been secretive, they've been overbroad and abusive — so much so that taken together, they are unconstitutional because they violate our First Amendment rights," he added.

Senate Republican Leader Mitch McConnell of Kentucky said the government needs to stop leaks by whatever means necessary.

"This is an investigation that needs to happen because national security leaks, of course, can get our agents overseas killed," he said.

Republican Sen. John Cornyn, a member of the Judiciary Committee, said the government should focus on those who leak sensitive national security matters and not on journalists who report on them. The Texas Republican said his committee should hold hearings on how the Justice Department obtained phone records from AP reporters and editors.

"What confuses me is the focus on the press, who have a constitutional right here and we depend on the press to get to the bottom of so many issues that we, as individuals, cannot," Cornyn said.

Cornyn said the Justice Department's actions were part of a pattern for Obama's administration to quiet its critics.

"It's a culture of cover-ups and intimidation that is giving the administration so much trouble," Cornyn said.

He also renewed his call for Attorney General Eric Holder to resign, citing the contempt citation the House of Representatives voted against him last year for refusing to turn over documents in a failed government gun smuggling sting.
White House senior adviser Dan Pfeiffer said the president "has complete faith in Attorney General Holder." He also insisted the White House was not involved in the decision to seek AP phone records.

"A cardinal rule is we don't get involved in independent investigations. And this is one of those," Pfeiffer said.

Although the Justice Department has not explained why it sought phone records from the AP, Pruitt pointed to a May 7, 2012, story that disclosed details of a successful CIA operation in Yemen to stop an airliner bomb plot around the one-year anniversary of the May 2, 2011, killing of Osama bin Laden.
The AP delayed publication of that story at the request of government officials who said it would jeopardize national security.

"We respected that, we acted responsibly, we held the story," Pruitt said.
Pruitt said that only after officials from two government entities said the threat had passed did the AP publish the story. He said the administration still asked that the story be held until an official announcement the next day, a request the AP rejected.

The news service viewed the story as important because White House and Department of Homeland Security officials were saying publicly there was no credible evidence of a terrorist threat to the U.S. around the one-year anniversary of bin Laden's death.

"So that was misleading to the American public. We felt the American public needed to know this story," Pruitt said.

The AP has seen an effect on its newsgathering since the disclosure of the Justice Department's subpoena, he said.

"Officials that would normally talk to us and people we talk to in the normal course of newsgathering are already saying to us that they're a little reluctant to talk to us," Pruitt said. "They fear that they will be monitored by the government."

The Justice Department secretly obtained two months of personal and work telephone records for several reporters and editors, as well as general AP office numbers in New York, Washington and Hartford, Conn., and for the main number for the AP in the House of Representatives press gallery.

"It was sweeping and broad and beyond what they needed to do," Pruitt said.
He objected to the "Justice Department acting on its own being the judge, jury and executioner in secret," saying the AP would not back down.

"We're not going to be intimidated by the abusive tactics of the Justice Department," he said.

McConnell and Pfeiffer were interviewed on NBC's "Meet the Press." Cornyn appeared on "Face the Nation."
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