When examining the scandal surrounding the Justice Department attack on reporter James Rosen and Fox News, one question that should not be left out of the congressional inquiry is, Where was the judge?
Did the request for search warrants on the phones and personal emails of a well-known reporter and Fox News actually meet constitutional requirements? Did the judge look the other way and sign this application disregarding his responsibilities? Judges are not potted plants in this process.
Was the information contained in the affidavit factual? What was the basis for thinking an established reporter with family ties was a flight risk? Was that perjury and put into the affidavit for the sole purpose of “beefing up” the affidavit? Someone swore under oath that the information in the affidavit was “true and correct.”
The role the judge played in this is important because it is judges who stand between the power of the law and the citizens.
ROBERT A. POGGI