not only has james rosen been a colleague of ours, but between the ap and the james rosen stuff, it's frankly very chilling. >> john, policy is set from the top, from the beginning of this administration, robert gibbs, the first press secretary, to david axelrod who has gotten on various network programs, fox news has been singled out as a special target, not only of the white house, but at the left generally. axelrod has said that this is not a legitimate news organization. robert gibbs, when he was press secretary, mocked some of the questioners from the white house correspondent. i think that sends a certain message throughout the administration that fox can be a target. >> you know, it's interesting because who except this administration could unite both the far right and far left because the left basically came out with an article that said, if this had been done under bush or reagan there would have been a lot of screaming. >> here's what nbc reported, jim. i want to get your reaction to this. they say eric holder signed off on a controversial search warrant that identified fox

james rosen has not done that. a.p. didn't do that and those are the ones that are getting pressured. >> jon: i want to get your reaction to what dana wrote. for treating a reporter as a criminal for doing his job deprives americans first amendment which all constitutional rights are based. so if they are accusing criminality just for asking questions, who knows what else this crowd is capable of doing. your thoughts? >> i am a member of the white house press corps and white house press association. it took a while for them to react. i was in the basement in the white house when this broke and people were outraged. not only is james rosen is a colleague of ours but it's frankly very chilling. >> policy is set from the top. from the beginning of this information, from robert gibbs to david axelrod, fox news has been singled out as a special target not only of the white house but of the left generally. axelrod says it's not a legitimate news organization. robert gibbs mocked some of the questioners from the white house co

private emails they needed to notify james rosen. but the u.s. attorney found a third judge here in d.c. who overturned both previous rulings thus, keeping the investigation secret. shear the argument. investigators say to a judge they favor keeping rosen in the dark. this according to court documents. f.b.i. is engaged in an ongoing investigation of the leak that will be substantially and ad versely affected if the reporter were to prematurely to become aware of specific details. we know that eric holder signed off on the search warrant for james rosen emails. we know that because the doj told us saying, quote, the department took great care in deciding that a search warrant was necessary, vetting the decision at the highest levels of the department including the attorney general. on may 15th of this year, he said he never signed on any search warrant for any reporter's emails. >> to the potential prosecution of the press for the disclosure of material, that is not something i've ever been involved in or heard of or would think woul

write a memo saying why so everybody knows it number two, it isn't about national security with james rosen. it's about accusing rosen in a stupid affidavit which i hope you have read it's stupid of being part of a conspiracy to out a source in north korea. when everybody knows that's hellacious and dumb yet he signed off on it come on. >> let me respond here. one, this is really an outrage to call any journalist but especially james rosen who has a lifelong career in journalism and works for a mainstream news organization. here is the thing, bill. you have got to distinguish between a julian assange and wikileaks case or daniel ellsberg and pentagon papers case. these people are leakers. rosen is a real journalist. >> bill: what are you saying now? are you saying that holder made a foolish mistake and your defense of holder is he can't see everything. that's absurd. absurd. >> let me finish my point, bill. my point to you is what happened in the rosen case is rosen is using sort of dead end, email. is he using aliases, you know, phony names to try to get this information. >> bill: so what?

but he did not say that he recused himself from the james rosen incident.sked for by the fbi under department of justice guidelines could not have been requested without the approval of the attorney general and if he does recuse himself, the deputy attorney skrn. >> stand by because we have a hard break coming up. we'll pick it up with you there next. [ female announcer ] doctors trust calcium plus vitamin d to support strong bones. and the brand most recommended by... my doctor. my gynecologist. my pharmacist. citracal. citracal. [ female announcer ] you trust your doctor. doctors trust citracal. >> megyn: the statement from the department of justice read in part: release of classified information to the press can pose a risk to our national security. such investigations and prosecutions including, in this particular indication, followed all applicable laws and policy intended to safeguard the first amendment. last week we were told by attorney general eric holder they had to run into court and get the ap information without notice to the other side so the

three hours later james rosen's piece gets posted on fox news' website. hout the summer of 2009 they're looking into steven kim, investigating. >> they're looking at his hard drive, imaging it. there are some more contacts between rosen and kim in the summer. in august there is an e-mail. they execute a search warrant for kim's e-mails in november, 2009. >> but then they take it a step further and then it's in the spring of 2010 when they actually start going after james rosen and investigating him. here is where people get really worried. >> this is where this investigation jumps from a leak investigation of someone in the government who provided classified information into an investigation of a journalist and a target on a journalist. the government in a search warrant for james rosen's e-mail calls him an aider, abettor, and/or coconspirator in the crime of espionage. that is what has media watch dogs so outraged. they crossed a line previous administrations have not crossed and it suggests if you read the search warrant that they were at the very least

james rosen committing a criminal act? that is a blaitant lie. so could you.hey could spy on you christen. >> and tell me why the chief legal office of the united states, eric holder does not uphold the constitution, worry that. >> we have to leave it there. we'll answer that next week. one democrat using the oklahoma twister to blast republicans who don't support the global warming agenda and taxpayers can get taught in the political storm. >> the damage that your polluters and deniers are doing doesn't just hit oklahoma alabama and texas. one thing that hasn't changed much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ >> apology not accepted. the democrat wasting no time blaming the massive oklahoma twister on global warming. when cyclones tear up oklahoma and hurricane and bum scombum wildfires scorch texas, you come to us, the rest of the country for billions of dollars to recover. and the damage your polluter and deniers are doing doesn't just hit oklahoma, obama and texas

i just want to say one other thing about james rosen. everything we have learned about him during this story has just cast him in wonderful light as a reporter. i really want to say that i mean, everything that he did was what a reporter should do. he pushed. he tried to -- you know, get information. he was completely sober and serious about it it at all times. i don't know, i think that that's been like peeling back the curtain on the workings of the press and it's been very interesting. >> bret: we have every wednesday tweet the panel. james rosen a flight risk according to fbi doj can't the fbi agent be prosecuted for filing a false affidavit, charles? >> well, i'm not sure how you would show that it was a false affidavit it is is a preposterous idea of rosen being a flight risk. the guy lives and breets journalism. he practically sleeps here. what's he going to do go to rio and report in portuguese? it isn't only that he has a wife and two small kids but if he left america, who would ever appreciate his howard cosell impersonations.

they don't care but. >> bill: joining us now from washington carl cameron and the now very famous james rosen we will get to your situation in a minute, rosen. this is pretty bizarre what is going on in london. tell us about it. >> i just got off the phone a short while ago, bill, with the british embassy here in washington. they told me flat out we are not calling this a terrorism event just yet. but they caution this is still an unfolding investigation. the prime minister, david cammeron is returning early from a trip to france so that tomorrow he can chair what's called the cabinet office briefing room cobra. sort of the equivalent of our national security council on this. what you had is this man in the video, with his bloody hands, his meat cleaver and his knife and another man apparently armed also with a gun attacking the figure that you see in the screen there, who was apparently a military official or a military personnel of some kind of serviceman just a few blocks from a barracks in the section of london, southeast london. and then the same camera then captured the two assailants o

there is breaking details about the justice department's targeting fox news's chief correspondent james rosenave obtained documents from the district court involving him hours ago. with more than 30 different phone records the ex changes matched locations of our white house, pentagon and operation and state department and even fox management. we'll have a lot more on the developing story. rudy guliani and ann coulter will weigh in and there are 24 people that have been killed nine of them children after yesterday's tornado ripped through oklahoma. earlier today the state's governor that rescue crews are having a hard time navigating various neighborhoods because of all the destruction. to the latest we go to alicia standing by the scene tonight. >> that death toll number has been revised since last night's figure which is something we had expected. originally they told everyone to prepare themselves for the number of children that were killed in the plaza towers elementary school to go up. however, there has been solace in hearing that number has been adjusted down. nine children, seven in th

to keep my business to myself. >> i like how when you are talking they brought up a picture of james rosen as if he was there to respond, but he was just waiting for bill to finish. >> i can do his voice if you want. i have an amazing rosen impression. >> let me hear it. that's not him. >> can i get a banner that says rosen when i do that? >> if you want to talk about giving a guy a fair shot don't freeze the frame where he looks like he just got caught doing something. >> i love rosen. he is a funny go and he draws strange pictures. i have to agree this is a great thing. if you were single and you wept to a bar and you -- and you went to a bar and are talking to a young woman or man because you never know, but i am under investigation with the doj. that's cool. you say look, i have to go and you give the room key, i can't be here i'm being tailed. >> it is kind of sexy. >> i have done it a million times. >> i had a good joke, but i'm scared. >> i am scared of michael leer. my collar. >> from snooping to sensitivity we plod while they jihad. it seems our efforts to to stop attacks are hamp

the justice department confirmed that the decision to pursue a search warrant to james rosen's personalail account was vetted in the highest levels including discussions with the attorney general. that search warrant was based on an affidavit identifying rosen as a co-- conspirator and crimmal activity. >> whether it is perjury or not depends on how he answers the questions. we want a answer june 5th. holder's supporters said he answered truthfully and there was never a plan to prosecute rosen and he's not charged with a crime. the top democrat said i believe attorney general holder answered questions to him posed over four hours was forth right and did not mislead the committee. the white house continuous to back holder as well. >> based on published reports, i don't see the conflict, i would refer you to the justice department. >> that is a processed meeting with the washington news chief this week and that is the start of the policies regarding journalist. >> including fox news, shannon, thank you. >> law makers at home are answering constituent questions. their responses depend a lo

the document referred to james rosen as a possible coconspirator in a national security locate. just yesterday president obama said journalists should not face legal action for doing their jobs. he has asked the attorney general to work with the media to review the justice department's guidelines for investigations that involve correspondents. doug mckelway on this story live in our d.c. newsroom. doug? >> good evening, shep. the justice department's acknowledgment that attorney general eric holder signed off on the james rosen search warrant is the latest in what many believe to be a shifting narrative by the nation's top law enforcement officer on may 15th he categorically denied involvement in the prosecution of reporters who received leaked information. with regard to the potential prosecution of the press for disclosure of material that is not something that i have ever been involved and heard of or would think would be a wise policy. in fact, my view is quite the opposite. >> that very same morning, on npr, he offered a different response when asked how often his departmen

>> right, he said that james rosen was a potential criminal. they actually had to name him as a flight risk in order to keep it secret from him. they said he was a co-conspirator on a crime. that seems to me if you go to a judge and say you need to do all of these things, because he may be guilty of a crime and may need to be prosecuted, that is preparing for a potential prosecution. and then you can't go to congress and say, i've never been even part of a consideration of a potential prosecution for a journalist. those things are irreconcilable, at least as far as i understand it. jon: i know if rosen fled to cuba and didn't show up for work our washington chief would have his head. jonah goldberg thank you. martha: new information on a deadly poison found in two letters with new york city mayor michael bloomberg as the target. police say the letters tested positive for ricin. one went to the group mayor bloomberg founded, mayor against illegal guns based in d.c. the other was addressed directly to the mayor. eric shawn is live outside city ha

we never prosecuted james rosen. so, this isn't really that big of a deal.to look carefully at what the attorney general said in his testimony. and he talked of the potential prosecution. and further, if you go and look at the affidavit the department department that was used in order to justify this deep invasion of james rosen's privacy they specifically say they had to do this because of rosen's potential criminal liability. that is potential prosecution. that's precisely what eric holder said he had nothing to do with. it is a very clear contradiction. we should remember just to put this in context this isn't the first time that eric holder has testified to congress and said something that has turned out to be false. he did this with fast and furious they later this to retract and recant some of his testimony there and recast it i think he is in real trouble. >> shannon: julie, how much trouble is he in. the president has said just days ago i have full confidence in him. he is standing by him publicly. >> he is not surprising. he has done it in the past

what did they think james rosen was going to do? know it is targeted or just sloppy. >> it is sloppy because think about it from the other way. they knew who the leaker was they had a lot of information about who the leaker was. great american adviser to the state department. they knew his phone numbers and his e-mail accounts. they knew the phone numbers of the fox bureau and of rosen because they asked for those phone records. they already had the records of the leaker. they should have chcked to see who he called and talked to. and to criminalize rosen as a reporter, as a journalist they should be terrified as member's of the press. they went after him on the basis of saying he was part of a criminal conspiracy leaving the impression he was going to be indicted. he said what the administration is trying to do is if you mess with us we are coming after you. i think that is what they are doing in this instance. >> your thought about the irs before i let you go. >> it has a long way to go. i listened very carefully to speaker gingri

james' personal g-mail e-mail. they went so far as to get the phone records of mr. and mrs. rosen, his parents. now we know the way they did all that, without providing any notice to james so he would have no opportunity to object to any of this, was by naming him as a co-conspirator and potential aider and abettor of espionage for doing his job. there wasn't more and he disclosed it to the russians. i mean, it was basically pure reporting activity. he sought out a source, told that source that he would like to break news ahead of his competitors on news worthy items. that's what the fbi affidavit accused him of doing and said that that amounted to aiding and abetting espionage. then the attorney general knowing at the time, and keep in mind at the time that eric holder gave his testimony, he knows he personally signed off on the search warrant. we didn't know it, congress didn't know it, but when holder gave testimony on may 15th, he knows he signed off on it. now they're accusing him of lying. watch. >> i would argue that the espionage act of 1917 would authorize the prosecution of anyone who

it is not only james rosen at fox news.is ap, cbs, a whole host of organizations and he has an obligation to answer these questions to the american people directly. remember, bill, it was the president who announced that holder would be meeting with the press. the president didn't say it would be a closed-door, off the record meeting. so the president who promised to be the open and transparent president is anything but that. bill: got it, brad. julie, do you have issue with the off the record stuff? >> i do. is bizarro friday i agree with everything brad said. i'm completely appalled this is off the record. if my fellow democrats were honest with themselves if it was the bush administration doing they would be up in arms. no excuse for us not being up in arms. eric holder is doing this. first of all i'm incredibly appalled what is going on with ap and james rosen going back. going forward i'm glad they're taking a look at it, but brad is absolutely right. bill: julie, why do you think he did it? >> i don't know. bill: soft

getting huge. >> bill: i'm going to give charles 45 more seconds because i want you to weigh in on james roseninvestigating a story about north korea retaliating to u.n. sanctions by testing missiles. all right? that's what he was doing. justice department wants to find out whose rosen's source is for this information. goes in and looks at james' personal email account for about, almost a month. what do you say about that? >> this is a brazen assault on the first amendment. freedom of the press. we traditionally will go after the emails of a person who is under criminal suspicion for leaking it. but we do not go after the journalists who merely are soliciting information. we have never had a successful prosecution of a journalist. >> bill: do you see an anti-fox play here? >> look, i don't know whether in this particular case it was anti-fox. but it surely was an assault on the press. and we also know that from the beginning of this administration the white house starting with the president has tried to delegitimize fox and pretend somehow it's outside the sphere of journalistic integrity and

do you know james rosen? bill: it's stupid, it's stupid works to rosen's advantage. >> of course it does. >> he is a good reporter. >> he is a great reporter. >> bill: let's try to put ourselves in the department of justice because you are an attorney to. all right. they must know this is insanely stupid. >> yes, yes. >> why would they do it? >> here is what irritates me about the situation. i have no problem with the government investigating leaks of national security information. because that's a serious matter. >> me too. i agree. >> if you compromise the safety of american people and put lives at risk by disclosing certain classified information, they have the right to look into you. there is no question. what happened in his case was in order to get at james' records, and the records of the parents and fox news phone lines and not notify james because normally you would have the right to go into court and challenge their push to do that they said he was a part of a conspiracy and co-scon spur tore. >> we

overly broad subpoena for phone records, james rosen it shine as light on james refinery a "new yorkhey have been going after him for a story he wrote about a failed cyber attack on iran and he might end up going to jail to protect his sources. >> shannon: it's possible. we have seen other journalists do it. charles, do you think it's going to come to that, that journalists feel like they are going to have to be made an example on this particular policy? >> well, journalists who refuse to disclose a source end up in jail is not a news story. it's attention we haven't resolved. that's not what happened in the rosen case. it isn't what happened in the a.p. case. in the rosen case, for example, the administration decided in order to be able to really invade his privacy, to declare him essentially a suspect as a criminal. and, yes, there is attention between the need for national security and a free press and the way we have resolved that, the way we have split that difference is it to say you prosecute the person in the government to ho releases the information. but you don't prosecute

add to questions why the attorney general wanted access to the personal phone records of fox news james rosen and rosen's parents. it is the latest in a torrent of troubles for the attorney general. >> fox news today confirmed that the house judiciary committee is now investigating whether attorney general eric holder lied under oath on may 15th when he said this: >> with regard to the potential prosecution of the press for the disclosure of material, that is not something that i have ever been involved in. >> nine days after that testimony, the department of justice acknowledged that holder signed off on the search warrant for fox news chief washington correspondent james rosen. the doj statement says the decision was vetted, quote: at the highest levels of the department including discussions with attorney general. with holder conducting a 30 day review with the search of media phone records. is he under pressure to named search warrant that named rosen a conspirator. the affidavit written in support of that warrant by fbi agent reginald graves is quote ludicrous. he added quote every fact

james rosen a flight risk. it is now 25 minutes after the hour.oming up some people are asking this question. why didn't an elementary school in oklahoma have some sort of a storm shelter to protect those kids? we will talk with singer toby kei keith. he perhaps has an answer. >> last tornado maybe they were helping last time and they got hit. >> we are live on the ground with details of how this country star is dealing with his family's own loss. >> she refused to testify about the irs targeting the tea party. this is the first time she has gone after conservatives. who exactly is low which is learner. [ dylan ] this is one way to keep your underwear clean. this is another! ta-daa! try charmin ultra strong. it cleans so well and you can use up to four times less than the leading value brand. oh! there it is. thanks son. hey! [ female announcer ] charmin ultra strong has a duraclean texture that can help you get clean while still using less. and it's four times stronger versus the leading value brand. charmin ultra strong helps keep you and your u

general eric holder's signature is on the documents behind the agency's investigation into our own james rosen, something we didn't know before. >> with regard to potential prosecution for the press for disclosure of the material, that's not something that i've ever been involved in and heard of or would think would be a wise policy. in fact, my view is quite the opposite. >> reporter: rosen's whereabouts in federal buildings and his parents' phone and fox news lines all monitored. the white house ordering a review of the department's guidelines on the issue by the attorney general himself. >> a free press is also essential for our democracy. that's who we are. i'm troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable. >> the attorney general is going to investigate the attorney general and then sign off on the end of it that he's satisfied with the results of the review of his own behavior? that doesn't make such sense to anybody. >> while acknowledging holder's involvement, the doj defends its decision. officials say it

so i haven't gotten that invitation and james rosen hasn't received it either. >>> check the mail. >> megyn: how many times have you done it. to whom? what is the list. first after the a.p. you said you take it seriously but you couldn't remember how many times you done it. then you did it to rosen and fox news. who else? before we let the healing begin, let's diagnosis the scope of the problem? >> i don't know if you are going, but we'll watch the in-box. >> megyn: i have a message, thank you chris. >>> as we first step in soeflg a problem is admitting there is one. that is what they have to do. as we first reported yesterday the house judiciary committee is investigating whether the attorney general lied under oath during his may 15th testimony to congress. members of that committee sending mr. holder a letter asking about a statement he made whether the doj could prosecute reporters under the espionage act. here is what mr. holder said about that. >> with regard to the potential prosecution of the press for the disclosure of material, the that is not something i've ever been involv

five more numbers targeted by the government are for this building, the fox dc bureau as well as james rosen's the government, according to the filing, involving a former state department contractor, stephen kim, accused of violating the espionage act for leaking classified information to rosen characterized rosen this way, quote, based on the foregoing, there's probable cause to believe that the reporter has committed or is committing a violation, and it goes into the specific violation. unauthorized disclosure of national defense information as an aider, abettor, and/or co-conspirator. rosen stated yesterday, quote, as a reporter i always honor the confidentiality of my dealings with all of my sources and the executive vice-president of news issued this statement, quote, we are outraged to learn today, that was yesterday, that james rosen was named a criminal co conspirator for simply doing his job as a reporter. in fact, it's downright chilling. we will unqifl uneequivocally dd his right to operate as a member of the what up until now has been always a fee pass. charles? >> jay carney is un

he didn't name, names such as james rosen. tonight, correspondent has the latest on monitoring the messages and mixing them. the president came down hard on the tactics used in the justice investigation that named james rosen as a co-conspirator. our focus must be on those who break the law. i called on congress to pass a media shield law to guard against government overreach. >> that does little to calm the suspicion. we did not wiretap the phones or track the reporters parents and no records were obtained. the statement omitted the fact that rosen's personal e-mails were attached. they had sewn the type and duration. the first six digits from other telephone numbers obtained by doj matched the white house and state department booth and washington d.c. burea u. attorney general eric holder recused himself. he was less recise on whether he approved the leak case on rosen. >> i how many cases i signed off on them. i have refused to sign a few. pushed a few back for modificati modification. asked today whether hillary clinton wa

>>brian: the judge in the james rosen case apologized but shouldn't he have known rosen didn't commitny crime? judge napolitano breaks down the law. >>brian: they had to apologize to his parents taofplt -- they had to apologize to his parents too. changing the world is exhausting business. with the innovating and the transforming and the revolutionizing. it's enough to make you forget that you're flying five hundred miles an hour on a chair that just became a bed. you see, we're doing some changing of our own. ah, we can talk about it later. we're putting the wonder back into air travel, one innovation at a time. the new american is arriving. ♪music plays continually ♪music plays continually for over 125 years, we've been bringing people together. today, we'd like people to come together on something that concerns all of us... obesity. and as the nation's leading beverage company, we can play an important role. that includes continually providing more options. giving people easy ways to help make informed choices. and offering portion controlled versions of our most popular drinks. it

. -- james rosen of fox news. they are investigating whether he lied under oath when he said this regarding whether or not the d.o.j. could prosecute journalists. listen. >> that is not something i've ever been involved in or heard of or would think would be a wise policy. in fact, my view is quite the opposite. >>steve: the problem is holder personally to nbc signed off on the rosen case. while he says i was never involved in anything like that, that's not true. >>brian: he's participated in conversation regarding the rosen case that talked about him at the very least aiding and abetting in a coconspiratorial fashion this person from, in the government that evidently gave intelligence -- mr. kim -- on the north korean situation, which gave that controversial news that if the u.n. issued sanctions against north korea, they would send missiles. they always send rockets. >>gretchen: i think this may be the most egregious thing that comes out of this case so far today, which is it's now becoming apparent that possibl

the affidavit that the fbi agent had to present to a judge to get the search warrant to look at james rosen'sils. in that, it says, where there is probable cause that rosen violated the espionage act, as an aider, abettor or co-conspirator -- well, that's kind of a remarkable thing for the justice department to say. generally speaking, they go after the government official who leaks something, not the reporter, who is just doing his job and in fact, there has never been a successful prosecution that i know of of a reporter for getting classified information. the idea, 1. that holder would have signed of on this fairly unprecedented move to, and 2; that the president would ask him to investigate tgot blood boiling on "fox news sunday." >> shannon: it did. but an excellent discussion. the two sides, it is good to have that debate. something else that we found this week, as we found that the attorney general did sign off, the justice department telling us that decision about james rosen was vetted at the highest levels, including the discussions with the attorney general, he testified not long a

you might recall that the search warrant for james rosen was indeed a approved by a federal magistrate is live in d.c. thank you. joins us now also from d.c., real clear politics.com reporter, kaitlin. i'm kind of interested. doug said the democrats are less than enthusiastic about seeking special counsel. but on the flip side the republicans are not about to let arc holder investigate himself here. >> right. i wouldn't be surprised that you'll see more work in congressional committees looking at holder. you have to remember that a spution would first involve a criminal case and would also put -- take a lot of expense, a lot of money and put a lot of pressure on the administration, so that's not something democrats want to too. >> i want to play, if i can, from fox news sunday a good back and forth between brit hume and juan williams. let me get your take. >> he is the exact right person as attorney general of the united states to see what prosecutors did and how they came to this conclusion. >> he saw -- shouldn't he seen all that before the sign -- >> you can't see everything. the he