In May 2013, the Associated Press disclosed that the Justice Department had subpoenaed telephone records covering 20 AP reporters over two months in 2012. The records were obtained from providers including Verizon Wireless rather than directly from AP, reportedly as part of an investigation into a May 7, 2012 story about a CIA operation that disrupted a Yemeni terrorist plot. AP CEO Gary Pruitt called the seizure a “massive and unprecedented intrusion,” warning that the records could expose confidential sources and map the organization’s newsgathering operations. Verizon said it complied with lawful requests and did not challenge or notify journalists about the subpoena.
The controversy expanded when The Washington Post reported on May 17, 2013 that DOJ investigators had tracked Fox News reporter James Rosen’s calls, movements, State Department visits, and two days of personal emails during a leak investigation. Rosen was labeled a possible co-conspirator in the case against State Department contractor Stephen Jin-Woo Kim, who later pleaded guilty to violating the Espionage Act by communicating North Korean nuclear-test information to Rosen. Attorney General Eric Holder testified on May 15 that he had recused himself from the AP investigation, but DOJ confirmed on May 23 that he had personally approved the Rosen search warrant. DOJ revised its media guidelines in July 2013, and Holder signed final rules on February 24, 2014, while the episode intensified calls for federal media-shield legislation.
