(By Larry Klayman, WCJ) -- A week ago, it was disclosed that Attorney General Eric Holder – conjuring up false claims that Fox News reporter James Rosen had aided and abetted a State Department employee in disclosing national security information concerning North Korea – ordered the Department of Justice to secretly obtain through a judicial warrant the phone and email records of Rosen and a host of other Fox journalists and management. To his great credit, Roger Ailes, the CEO of Fox News who made it the powerhouse that it is today, then sent an open letter to Fox employees protesting the “criminalization” of journalism by Holder (and by implication his master, President Obama.) Here is what Ailes said in large part:
The recent news about the FBI’s seizure of the phone and email records of Fox News employees, including James Rosen, calls into question whether the federal government is meeting its constitutional obligation to preserve and protect a free press in the United States. We reject the government’s efforts to criminalize the pursuit of investigative journalism and falsely characterize a Fox News reporter to a federal judge as a ‘co-conspirator’ in a crime. I know how concerned you are because so many of you have asked me: Why should the government make me afraid to use a work phone or email account to gather news or even call a friend or family member? Well, they should not have done it. The administration’s attempt to intimidate Fox News and its employees will not succeed and their excuses will stand neither the test of law, the decency, nor the test of time. We will not allow a climate of press intimidation, unseen since the McCarthy era, to frighten any of us away from the truth.
Indeed, the lawlessness of Holder’s and Obama’s actions in violating the sanctity of the press is unprecedented in American history. It was perpetrated by a tyrannical administration that knows no bounds; and in the case of Holder and Obama, this lawlessness hides behind their minority status to seek to deflect from any scandal that may come their way. Holder and Obama have become the equivalent of “protected species,” understanding that because of their leftist “blackness,” the Republican Party will not push too hard – lest it be politically smeared as “racist’ – to have them both removed from office. Holder and Obama also realize that the generally leftist American press will also not push too hard to see that justice is done. Indeed, the other news networks, which are all left-leaning and generally Obama supporters, have already begun to diminish this huge scandal, with only sparse reporting. That is why the strong and principled statement of Roger Ailes takes on so much significance. But actions speak louder than words. Now, it is time for Ailes and Fox News to also pursue the issue in court. Here is why:
When it suited the administration for political purposes, the president, vice president, and other executive branch officials and surrogates leaked highly classified national security information to bolster Obama and Biden’s re-election prospects (and to thwart an Israeli attack on Iranian nuclear facilities) in the months leading up to the 2012 elections. As set forth in the indictment I asked a Citizens’ Grand Jury in Ocala, Fla. to issue on Oct. 29, 2012, Obama and Biden, boasting of their success in killing Osama bin Laden, publicly disclosed that Navy SEAL Team 6 special ops forces were responsible for bin Laden’s assassination. This illegal disclosure – the likes of which never before have occurred with any administration – put a virtual target on the backs of SEAL Team 6 forces serving in the Afghan theater. Sure enough, just a few months later on Aug. 6, 2011, a Chinook helicopter carrying 22 SEAL Team 6 members into battle was shot down by Taliban terrorist jihadists in obvious retaliation for the death of bin Laden. In effect, due to the release of the identity of SEAL Team 6, the deaths of these brave servicemen were the result of the crime of “involuntary manslaughter” by Obama and Biden. They were indicted for these crimes and will be tried in Ocala before a Citizens’ Court ironically after the July 4 holiday.
But the shameless and criminally-minded Obama and Biden did not stop with these politically motivated leaks of highly sensitive national security information concerning SEAL Team 6. In the months and days leading up to the Nov. 6 election, they also had disclosed classified national security information about American cyber warfare against Iranian nuclear facilities and U.S.-Israel war plans – should the two allies have to take on the mullahs in Tehran. They thus compromised the national security of the United States and Israel.
While James Rosen and Fox News did nothing wrong in reporting on North Korea, Obama and Biden both committed actual crimes in releasing classified information that resulted in the death of 22 SEAL Team 6 special ops forces and harmed U.S.-Israeli military operations and war plans concerning Iran. For this, they both should be tried, convicted, and thrown in prison.
That being said, it now behooves Fox News to now file its own civil lawsuit under the precedent of Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), to “hold” Holder and Obama accountable for large monetary damages based on their unconstitutional acts. Making Holder and Obama pay up big time, and in effect bankrupting them, would be a nice complement to also having them thrown in prison, where they belong.
Now, that is justice!