During friendly questioning from Rep. Hank “I fear that Guam will capsize!” Johnson in Congress last week, Attorney General Eric Holder offered the following statement.
In regard to potential prosecution of the press for the disclosure of material. This is not something I’ve ever been involved in, heard of, or would think would be wise policy.
He made that statement before the facts about the sweep on Fox News’ James Rosen were known. Since then, it’s come to light that Holder himself approved the subpoena that, among other things, named Rosen as a criminal co-conspirator.
So, Eric Holder lied under oath before a congressional hearing.
In addition to that, he may have intentionally misled a judge in the request of Rosen’s phone records according to Jennifer Rubin.
[T]he affidavit (paragraph 45) asserts that DOJ exhausted all means available to get the material from Rosen’s e-mails and phone, and “because of [Rosen's] own potential criminal liability in this matter,” asking for the documents voluntarily would compromise the integrity of the investigation. Moreover, the affidavit asserts that the “targets” of the investigation (including Rosen) were a risk to “mask their identity and activity, flee or otherwise obstruct this investigation.” It is highly questionable whether Holder believed any of that to be true. (Really, he imagined a Fox News reporter would flee the country? He thought Rosen would don a disguise?) Was the affidavit a sort of ruse to get Rosen’s records (or later to pressure his cooperation)? Did Holder intentionally mislead a judge when he signed off on the affidavit? That is worth exploring.
President Obama put himself on the record regarding the DOJ’s actions against journalists Thursday, declaring himself sufficiently “troubled” to order Holder to look into the matter. Eric Holder will be investigating Eric Holder to determine if Eric Holder lied under oath and misrepresented facts before a federal judge.
That won’t do.
Eric Holder must resign, and he must face investigation and probable prosecution.