I don't know what 'filing' you're referring to, and that Rosen hasn't been charged with a crime is irrelevant.
Chuck Todd's statement is basically hysteria.
and his opinion is different. The filing for Rosen, so they could access his phone records, going so far as to even access his parents, stating he was a co-conspirator in espionage . Yet, he was never charged. And it is relevant. It was the DOJ's way of getting his records. Journalists/reporters are not charged when a government employee leaks information to them. The employee is.
Yesterday, the Washington Post reported that, as part of the investigation of the Kim leak, Obama’s Department of Justice seized e-mails from Rosen’s personal Gmail account. In the search warrant for that request, the government described Rosen as “an aider, and abettor, and / or co-conspirator” in violating the Espionage Act, noting that the crime can be punished by ten years in prison. Rosen was not indicted in the case, but the suggestion in a government document that a reporter could be guilty of espionage for engaging in routine reporting is unprecedented and has alarmed many journalists and civil libertarians.
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But e-mail and phone records were not the only information collected about journalists. According to another document in the case, “the United States has also produced a CD containing voluminous [Department of State] badge records for media personnel for the period March 1, 2009, through September 30, 2009.”
The Justice Department and Fox News's Phone Records : The New Yorker
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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New York Times Co. v. United States, 403 U.S. 713 (1971), was a landmark decision by the United States Supreme Court on the First Amendment. The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.