DOJ Falsely Claimed That Reporter James Rosen Was Involved In Bombings In Trying To Hide Fact It Spied On Him

from the whoa dept

Fri, Jun 14th 2013 10:31am — Mike Masnick

Okay, here's one that's just crazy. A few weeks ago, lots of folks, including us, covered the story of how the Justice Department claimed to a court that reporter James Rosen was "an aider and abettor and/or co-conspirator" in a leak of some State Department info concerning North Korea. He was none of the above. He was a reporter, but the DOJ was abusing its power in order to spy on his email and phone records, to try to find the source of the leak. Soon after that, it came out that the DOJ had been working overtime to make sure that the details of the surveillance of Rosen's communications was held under seal.

However, some are noticing an odd statement in the DOJ's filing to try to keep the case under seal. In what is likely a case of an overworked DOJ lawyer just cutting and pasting from a different attempt to keep some surveillance a secret, one of the motions to keep the search warrant sealed falsely claimed that Rosen was involved in a bombing, rather than just disclosing information on North Korea.

Somehow, if the DOJ can't even read its own motions to seal that carefully, you have to question if they really "considered alternatives less drastic than sealing," or if they were happy that throwing in key words like "responsible for the bombings" despite the case having nothing to do with bombings, only helped to keep it secret that they were spying on a the communications of a reporter, almost certainly in violation of the DOJ's own guidelines, and potentially in violation of the Constitution.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: bombing, cut and paste, doj, james rosen, lying to court, prosecution, reporting, typos, under seal

44 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

That One Guy (profile), 14 Jun 2013 @ 10:15am

Please tell me Rosen's lawyer(s) are going to be able to tear the DOJ to pieces over this, claiming someone was involved in a bombing in an attempt to justify spying on them to find a leak goes well past 'slander and defamation of character', to put it mildly.
[ link to this | view in thread ]
rw (profile), 14 Jun 2013 @ 10:16am

Constitution
It's pretty clear that our current government has thrown the Constitution under the bus.
[ link to this | view in thread ]
This comment has been flagged by the community. Click here to show it

Anonymous Coward, 14 Jun 2013 @ 10:36am

OMG!! You really cracked the code here, Mike!!! OMG OMG OMG!!!! Someone in the DOJ may have made a mistake. Quick, write an article about it! Get those clicks! But whatever you do, never write about all your pirate friends who abuse the system and violate other people's rights on purpose. Never say anything bad about them, yet pretend like you really think piracy is not OK. Because, well, that's what an honest person would do. Ah, Mike. Is there any scumbag more scummy and slimy?
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 10:38am

Re:
What's wrong AJ? Are you slipping? You forgot to say "milk."

Perhaps you should get some sleep.
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 10:40am

*Yawn* Everyone hit the report button so we can get this (to use in his own words) scummy and slimy scumbag gone.

His recent claims to living for seeing his posts fold doesn't match with his previous rants about his posts closing last year. Just keep on doing what your doing Techdirt community... it's working!
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 10:40am

Re: Constitution
What Constitution? You mean that piece of paper in the National archives? Nobody's read it in years... We don't need a Constitution anymore we have the government to protect us and give us money.

/sarc
[ link to this | view in thread ]
jeh, 14 Jun 2013 @ 10:43am

Re:
Isn't it a sign of those that have no real argument to just scream and shout in such a petty manner? All you do from post to post is point and cry, throwing the same lines out there with nothing to back it, to show for it. You're like a kid in the store throwing a tantrum, kicking your feet all about, streaming out a river of tears. At which point will you realize that everyone is just looking at you thinking of how pathetic you are?

But I guess you lost the argument in the first place so this is all you've got, to scream and shout, to kick your legs all about.
[ link to this | view in thread ]
weneedhelp (profile), 14 Jun 2013 @ 10:44am

Re:
"Is there any scumbag more scummy and slimy?" Yes... the DOJ... and you.
[ link to this | view in thread ]
Jason, 14 Jun 2013 @ 10:44am

I still don't get there from here
Mike, maybe I'm missing some context here. I'm not seeing anything in this clipping that implicates Rosen for involvement in the bombings.

Even if it is a cut and paste error from the unrelated bombing case, it seems only to say that he had information they found necessary (and which they need to keep sealed) to "locate and prosecute" whoever the bombers may be.

That's still a ways off from claiming any involvement, don't you think? Or what connection am I missing?
[ link to this | view in thread ]
That One Guy (profile), 14 Jun 2013 @ 10:45am

Re:
Okay, your fixation and obsession over Mike, and/or your increasingly desperate attempts to get people to pay attention to you seem to be getting worse at a pretty quick rate lately, you really need to see a shrink, and soon.
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 10:50am

Re:
Q: Is there any scumbag more scummy and slimy?

A: Just the person asking the question.
[ link to this | view in thread ]
This comment has been flagged by the community. Click here to show it

out_of_the_blue, 14 Jun 2013 @ 10:56am

Re: I still don't get there from here: You're missing the MIKE connection.
As the censored AC already pointed out, this is likely just a typo, and yet Mike RUNS with it.

The same Mike who just today wrote "How does that computer?" --And here he makes up the ridiculous notion of an "overworked DOJ lawyer"! Oh, yeah, lawyers are burning the midnight oil at DOJ. -- Most likely it's an unpaid intern lawyer wannabe.

Masnicking: daily spurts of short and trivial traffic-generating items.
[ link to this | view in thread ]
Michael, 14 Jun 2013 @ 10:56am

Re: I still don't get there from here
He is being accused of being a co-conspirator in a leak of some state department documents relating to North Korea.

Unless they are hiding some information about North Korea (or our own state department) bombing us recently, this has nothing to do with bombings.
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 10:58am

Re: Re: I still don't get there from here: You're missing the MIKE connection.
You don't know what a typo is.
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 10:58am

Cut and Paste Errors
One of the blogs I regularly try to find time to read is FourthAmendment.com by John Wesley Hall. ( Matter of fact, my reading time over there has been rather cut into by this NSA spy story. )

If you read over there, and drill down into some of the opinions, you might find a lot of cut and paste errors in warrant applications.

I don't have an example right off the top of my head. But, fairly often, there's no big deal. Just an overworked system trying to get stuff done in a hurry. The courts seem to understand some of that.
[ link to this | view in thread ]
Michael, 14 Jun 2013 @ 10:59am

Re: Re: I still don't get there from here: You're missing the MIKE connection.
It's one thing to mis-type when reporting on an incident. It is TOTALLY different to accidentally accuse someone of being involved in a bombing when asking a court to keep a case under seal.
[ link to this | view in thread ]
Brazilian Guy, 14 Jun 2013 @ 10:59am

Not on the same level, but meanwhile brazilian police is arresting reportes and protesters against bus price raises and bad quality of public transport, because they possess Vinegar (who people use to recover from tear gas) allegedly because it could be used to create "bombs". Like vinegar + baking soda bombs. They must be afraid of science fair volcanos. I just hope they never hear about american police officers "phones equal guns" logic.
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 11:02am

Re: Re: Re: I still don't get there from here: You're missing the MIKE connection.
You guys still don't get it, it starts with a typo, then some goon says, hey what a great way to authorize wiretaps.. finally its done deliberately, just like the Ministry of Truth in 1984.
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 11:03am

Re:
What about Diet Coke + Mentos?
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 11:08am

this seems like a really good example of the kind of thing that can happen when law enforcement of any description get too powerful. the surveillance going on here, was for no apparent reason, other than the fact that he is/was a reporter and the DoJ wanted to find out his source. he has also been linked to a crime that he didn't have knowledge of, just because they can do so, mistakenly or not. anyone can be accused of any crime and evidence be 'manufactured' so that the person the DoJ or other agency want can be associated with the crime and the area where it happened. what can be done today just to make out a suspect is wanted, or an arrest is imminent or all evidence points to a particular person in this respect, is above frightening! i wonder how many poor fuckers have been stitched up by these methods, just to make an agency or person in that agency look 'good', or maybe to get 'funding'? it doesn't bear thinking about really.
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 11:13am

Is it just me, or does the DOJ loose credibility. When ever they make a statement.
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 11:14am

Re: Re:
or possibly get some more sheep
[ link to this | view in thread ]
That One Guy (profile), 14 Jun 2013 @ 11:23am

Re: Re:
Sorry, that one was Mythbusted, one of the few times something didn't explode on that show.
[ link to this | view in thread ]
That One Guy (profile), 14 Jun 2013 @ 11:24am

Re:
You assume they have credibility to lose...
[ link to this | view in thread ]
This comment has been flagged by the community. Click here to show it

Anonymous Coward, 14 Jun 2013 @ 11:35am

it's sad to you this is all you got Masnick, I know it's close to the weekend and you are desperate for some click bait, and the best you can come up with is this !!!!!!

even for you, this is pathetic.
[ link to this | view in thread ]
RD, 14 Jun 2013 @ 11:37am

Re: Re: I still don't get there from here: You're missing the MIKE connection.
"As the censored AC already pointed out, this is likely just a typo, and yet Mike RUNS with it. "

As the lying shill incorrectly lies: there is no censorship on this site, just community judgement and consequences for things said. The comment has not been removed, has not been removed by anyone running the site, and is still viewable with a single mouse click.

You are a lying sack of troll.
[ link to this | view in thread ]
Chuck Norris' Enemy (deceased) (profile), 14 Jun 2013 @ 11:41am

Troll Count Up
You know TechDirt is on to something when the shill trolls amass and kick-up the vitriolic bile spewing.
[ link to this | view in thread ]
jupiterkansas (profile), 14 Jun 2013 @ 11:56am

Re: Troll Count Up
Yep, they're in full "kill the messenger" mode.
[ link to this | view in thread ]
richard (profile), 14 Jun 2013 @ 11:57am

come on now
his lawyers will do no good the secret court judges don't work for the constitution they work against it
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 11:59am

Re: Troll Count Up
Kind of like when we where dicussing the failings of SOPA and other crap bills, the troll count kept going higher and higher, so i figured "if they dont like what the site is saying there must be some truth in it, better check it out"

(wasnt AJ the one that kept saying, "dont talk about it because its already going to pass and nothing can be dont to stop it you filthy pirates...")
[ link to this | view in thread ]
Rapnel (profile), 14 Jun 2013 @ 12:07pm

Re: Re: I still don't get there from here: You're missing the MIKE connection.
Censure. Look it up. And here I was beginning to believe you had value.

And another thing, national security and mistakes are not two things one would like to see together in actual application much less accept.

Most likely it is yet more indication that the DOJ is, in fact, completely off the ranch, deceitful, disingenuous and down right dirty.
[ link to this | view in thread ]
Rapnel (profile), 14 Jun 2013 @ 12:14pm

Re: Re: Re:
I'm curious, how was it "busted" exactly. Or are you simply referring to the coated vs. not coated mint mentos?

https://en.wikipedia.org/wiki/Diet_Coke_and_Mentos_eruption
[ link to this | view in thread ]
John Fenderson (profile), 14 Jun 2013 @ 12:29pm

Re: Re: Re: Re:
They tried to make a bomb in the style of a baking-soda & vinegar bomb. It doesn't work (at least not the way they were doing it), as not nearly enough gas is released.
[ link to this | view in thread ]
Rapnel (profile), 14 Jun 2013 @ 12:34pm

Re: Re: Re: Re: Re:
Ah, bombs. I see. Yeah, no, they only do fountains I think. Thanks.
[ link to this | view in thread ]
Anonymous Coward, 14 Jun 2013 @ 12:44pm

Re:
Yeah! To show Mike that you don't like his click bait, you should stop clicking it! That'll show him!
[ link to this | view in thread ]
Duke (profile), 14 Jun 2013 @ 1:09pm

Re: I still don't get there from here
The DoJ is trying to seal their attempts to get a warrant to spy on someone. In one of their four paragraphs of "facts" in support of why they need the seal, they stated that they need it because nothing else will help them "locate and prosecute those responsible for the bombings."

While this is an obvious error, the implication is that their spying is related to this "locating and prosecuting", implying that the person they are spying on was involved somehow.

If they weren't suggesting he was involved, why would sealing the warrant be relevant?
[ link to this | view in thread ]
Wolfy, 14 Jun 2013 @ 1:15pm

Real politicians and bureaucrats admit it when they make mistakes.
[ link to this | view in thread ]
Wolfy, 14 Jun 2013 @ 1:18pm

Re: AC#3
Please put the barrel of a loaded shotgun in your mouth and pull the trigger.

Cretin.
[ link to this | view in thread ]
Jason, 14 Jun 2013 @ 3:01pm

Re: Re: I still don't get there from here
"While this is an obvious error, the implication is that their spying is related to this "locating and prosecuting", implying that the person they are spying on was involved somehow."

No, it implies that the person has information. As a journalist who reports on national security issues it's not unlikely to reckon he might have information the DOJ would want.

Granted, if they're targeting him for this reason, then it really should be viewed as a violation of freedom of the press.

But it's still too big a leap to say it implicates him.
[ link to this | view in thread ]
Rapnel (profile), 14 Jun 2013 @ 4:22pm

Re:
Perhaps they'd like to speak up so that they can be heard above this din of crickets.
[ link to this | view in thread ]
Anonymous, 14 Jun 2013 @ 5:21pm

That's rich coming from the US government, which has a history of carrying out bombings around the world.
[ link to this | view in thread ]
Anonymous Coward, 15 Jun 2013 @ 1:10am

Re:
Does resigning to spend more time with the family count as an admission of a mistake?
[ link to this | view in thread ]
DP, 15 Jun 2013 @ 11:41am

Re:
These wild and totally demented ramblings are really getting beyond a joke. Seen a shrink lately, OOTB?
[ link to this | view in thread ]
Michael Price, 16 Jun 2013 @ 6:38am

Re: Re:
No, only when they make a statement and some bothers to check out if it's true.
[ link to this | view in thread ]