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News organizations normally are notified in advance that the government wants phone records and then they enter into negotiations over the desired information. In this case, however, the government, in its letter to the AP, cited an exemption to those rules that holds that prior notification can be waived if such notice, in the exemption’s wording, might "pose a substantial threat to the integrity of the investigation."
It is unknown whether a judge or a grand jury signed off on the subpoenas.
Holder says he had no direct role in AP subpoena
Attorney General Eric Holder says he played no direct role in the Justice Department’s secret review of Associated Press phone records but called it part of an investigation into what he termed a grave national security leak.
Holder said he had removed himself from the matter because of congressional testimony he had given and his dealings with the news media.
The Justice Department secretly obtained two months of telephone records of AP reporters and editors.
Holder said federal prosecutors are looking into the matter.
“This was a very serious leak, a very grave leak” that “put the American people at risk,” Holder told reporters at a news conference Tuesday.
Holder has assigned Deputy Attorney General Jim Cole to handle the phone records case.
The Justice Department secretly obtained two months of telephone records of reporters and editors for The AP in what the news cooperative’s top executive called a massive and unprecedented intrusion into how news organizations gather the news.
Arnie Robbins, executive director of the American Society of News Editors, said, "On the face of it, this is really a disturbing affront to a free press. It’s also troubling because it is consistent with perhaps the most aggressive administration ever against reporters doing their jobs — providing information that citizens need to know about our government."
Sen. Rand Paul, R-Ky., a potential 2016 presidential candidate, said: "The Fourth Amendment is not just a protection against unreasonable searches and seizures, it is a fundamental protection for the First Amendment and all other Constitutional rights. It sets a high bar — a warrant — for the government to take actions that could chill exercise of any of those rights. We must guard it with all the vigor that we guard other constitutional protections."
The May 7, 2012, AP story that disclosed details of the CIA operation in Yemen to stop an airliner bomb plot occurred around the one-year anniversary of the May 2, 2011, killing of Osama bin Laden.
The plot was significant both because of its seriousness and also because the White House previously had told the public it had "no credible information that terrorist organizations, including al-Qaida, are plotting attacks in the U.S. to coincide with the (May 2) anniversary of bin Laden’s death."
The AP delayed reporting the story at the request of government officials who said it would jeopardize national security. Once officials said those concerns were allayed, the AP disclosed the plot, though the Obama administration continued to request that the story be held until the administration could make an official announcement.
The May 7 story was written by reporters Matt Apuzzo and Adam Goldman with contributions from reporters Kimberly Dozier, Eileen Sullivan and Alan Fram. They and their editor, Ted Bridis, were among the journalists whose April-May 2012 phone records were seized by the government.
Brennan talked about the AP story and investigation in written testimony to the Senate. "The irresponsible and damaging leak of classified information was made ... when someone informed The Associated Press that the U.S. government had intercepted an IED (improvised explosive device) that was supposed to be used in an attack and that the U.S. government currently had that IED in its possession and was analyzing it," he wrote.
He also defended the White House decision to discuss the plot afterward. "Once someone leaked information about interdiction of the IED and that the IED was actually in our possession, it was imperative to inform the American people consistent with government policy that there was never any danger to the American people associated with this al-Qaida plot," Brennan told senators.
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