Lawmakers rip Justice Department over AP phone record grab

• 

  In this April 18, 2013 file photo, Attorney General Eric Holder testifies on Capitol Hill in Washington. The Justice Department has secretly obtained two months of telephone records of journalists for The Associated Press in what AP's top executive says is an unprecedented intrusion into newsgathering.AP

Lawmakers from both parties sharply questioned the Justice Department late Monday over its reported effort to secretly obtain two months of phone records from Associated Press journalists, with House Speaker John Boehner’s office saying “they better have a damned good explanation.”

The AP disclosed the department’s actions Monday afternoon, revealing that the news service had recently learned the department obtained records listing outgoing calls for the work and personal phone numbers of AP reporters and various AP offices. In all, the government seized the records for more than 20 separate telephone lines assigned to AP and its journalists in April and May of 2012.

Concern about what the AP’s top executive called an “unprecedented intrusion” quickly spanned party lines.

Senate Judiciary Committee Chairman Patrick Leahy, a Democrat, said he’s “very troubled” by the allegations.  

“The burden is always on the government when they go after private information -- especially information regarding the press or its confidential sources. I want to know more about this case, but on the face of it, I am concerned that the government may not have met that burden,” Leahy said in a statement.

The AP also reported that the Justice Department got records for the main AP number in the House of Representatives press gallery. One congressional source told Fox News this allegation in particular “is not sitting too well” with congressional leadership.

House Judiciary Committee Chairman Bob Goodlatte, R-Va., said he plans to ask Attorney General Eric Holder “pointed questions” on the issue at a hearing Wednesday.

Boehner spokesman Michael Steel also had pointed words for the administration.  

“The First Amendment is first for a reason. If the Obama administration is going after reporters’ phone records, they better have a damned good explanation,” he said.

The allegations come on the heels of a pair of major controversies for the Obama administration. Fresh testimony and newly released documents last week raised questions about whether top administration officials deliberately distorted the details of the Benghazi attack as they first began providing details to the public last September. Then the IRS acknowledged Friday that it singled out conservative groups like the Tea Party for additional scrutiny as it screened applications for tax-exempt status.

House Republican Whip Kevin McCarthy described the AP claims as another blemish for the administration.

"I am deeply concerned by numerous reports of misconduct by the administration, from (whistle-blower) testimony regarding Benghazi to the Internal Revenue Service targeting groups based on political ideology and now the Department of Justice monitoring journalists with the Associated Press,” he said.

White House Press Secretary Jay Carney referred questions on the issue to the Justice Department, claiming the White House was not involved.

“Other than press reports, we have no knowledge of any attempt by the Justice Department to seek phone records of the AP. We are not involved in decisions made in connection with criminal investigations, as those matters are handled independently by the Justice Department. Any questions about an ongoing criminal investigation should be directed to the Department of Justice,” he said.

Rules published by the Justice Department require that subpoenas of records of news organizations must be personally approved by the attorney general, but it was not known if that happened in this case. The letter notifying AP that its phone records had been obtained through subpoenas was sent Friday by Ronald Machen, the U.S. attorney in Washington.

William Miller, a spokesman for Machen, said Monday that in general the U.S. attorney follows "all applicable laws, federal regulations and Department of Justice policies when issuing subpoenas for phone records of media organizations." But he would not address questions about the specifics of the AP records. "We do not comment on ongoing criminal investigations," Miller said in an email.

According to the AP, it was not clear if the records obtained also included incoming calls or the duration of the calls.

The exact number of journalists who used the phone lines during that period is unknown, but more than 100 journalists work in the offices where phone records were targeted, on a wide array of stories about government and other matters.

In a letter of protest sent to Attorney General Eric Holder on Monday, AP President and Chief Executive Officer Gary Pruitt said the government sought and obtained information far beyond anything that could be justified by any specific investigation. He demanded the return of the phone records and destruction of all copies.

"There can be no possible justification for such an over-broad collection of the telephone communications of The Associated Press and its reporters. These records potentially reveal communications with confidential sources across all of the news gathering activities undertaken by the AP during a two-month period, provide a road map to AP's news gathering operations and disclose information about AP's activities and operations that the government has no conceivable right to know," Pruitt said.

The government would not say why it sought the records. Officials have previously said in public testimony that the U.S. attorney in Washington is conducting a criminal investigation into who may have provided information contained in a May 7, 2012, AP story about a foiled terror plot. The story disclosed details of a CIA operation in Yemen that stopped an Al Qaeda plot in the spring of 2012 to detonate a bomb on an airplane bound for the United States.

In testimony in February, CIA Director John Brennan noted that the FBI had questioned him about whether he was AP's source, which he denied. He called the release of the information to the media about the terror plot an "unauthorized and dangerous disclosure of classified information."

Prosecutors have sought phone records from reporters before, but the seizure of records from such a wide array of AP offices, including general AP switchboards numbers and an office-wide shared fax line, is unusual.

In the letter notifying the AP, which was received Friday, the Justice Department offered no explanation for the seizure, according to Pruitt's letter and attorneys for the AP. The records were presumably obtained from phone companies earlier this year although the government letter did not explain that. None of the information provided by the government to the AP suggested the actual phone conversations were monitored.

Among those whose phone numbers were obtained were five reporters and an editor who were involved in the May 7, 2012, story.

The Obama administration has aggressively investigated disclosures of classified information to the media and has brought six cases against people suspected of providing classified information, more than under all previous presidents combined.

The American Civil Liberties Union said the use of subpoenas for a broad swath of records has a chilling effect both on journalists and whistle-blowers who want to reveal government wrongdoing. "The attorney general must explain the Justice Department's actions to the public so that we can make sure this kind of press intimidation does not happen again," said Laura Murphy, the director of ACLU's Washington legislative office.

Fox News' Chad Pergram and the Associated Press contributed to this report.

Related Stories

Justice Department secretly obtained AP phone records

View the original article here

Justice Department to appeal judge's ruling to eliminate age limits on Plan B pill

WASHINGTON –  DEVELOPING: The Justice Department is appealing a judge's decision lifting all age limits on the Plan B morning-afer birth control pill and a cheaper generic.

The federal government says the judge who issued the ruling had exceeded his authority and that his decision should be suspended while the appeal is underway.

U.S. District Judge Edward Korman of New York had given the Food and Drug Administration until Monday to lift all age limits on Plan B and cheaper generic. The judge mandated that emergency contraception be sold just like aspirin.

On Tuesday, the FDA said anyone 15 or older could begin buying one brand, Plan B One-Step, without a prescription -- two years younger than the current age limit of 17.

EARLIER VERSION OF THE STORY:

Selling the morning-after birth control pill right next to condoms, even if limited to buyers 15 or older, marks a big societal shift in the long battle over women's reproductive rights. Backed into a corner by a federal court, the Obama administration is considering how to proceed after what looked like a stab at compromise just made both sides madder.

The politically volatile debate reflects a reality that's difficult for parents, including the president, to swallow: Quite a number of teenagers have sex. So how easily should they be able to get a pill that prevents pregnancy if taken soon enough after sex?

On Tuesday, the Food and Drug Administration made it a little easier, saying anyone 15 or older could begin buying one brand, Plan B One-Step, without a prescription -- two years younger than the current age limit of 17 -- and that the pill no longer has to be locked behind pharmacy counters.

But it's far from clear whether that will happen. U.S. District Judge Edward Korman of New York had given the FDA until Monday to lift all age limits on Plan B and a cheaper generic, mandating that emergency contraception be sold just like aspirin. Instead, by requiring that buyers prove their age at the cash register, the FDA decided to treat it like beer.

The Justice Department hasn't said whether it will appeal Korman's order and thus back FDA's new approach, and that leaves the whole issue in limbo.

"This is a truly bizarre and unprecedented situation," said American University law professor Lewis A. Grossman, a specialist in food and drug law.

On Wednesday, doctors' groups, led by the American College of Obstetricians and Gynecologists, urged the Obama administration not to let the FDA action be the last word.

Any over-the-counter access marks a long-awaited change, but it's not enough, said Dr. Cora Breuner of the American Academy of Pediatrics, which supports nonprescription sale of the morning-after pill for all ages.

"We still have the major issue, which is our teen pregnancy rate is still too high," Breuner said.

Even though few young girls likely would use Plan B, which costs about $50 for a single pill, "we know that it is safe for those under 15," she said.

Most 17- to 19-year-olds are sexually active, and 30 percent of 15- and 16-year-olds have had sex, according to a study published last month by the journal Pediatrics. Sex is much rarer among younger teens. Likewise, older teens have a higher pregnancy rate, but that study also counted more than 110,000 pregnancies among 15- and 16-year-olds in 2008 alone.

The White House sought Wednesday to put much as much distance as possible between President Barack Obama and this political hot potato.

"The president, the White House, did not weigh in on this decision," White House spokesman Jay Carney said of the FDA's move.

Obama must balance his own instincts as the father of two school-age daughters with the wishes of numerous political constituencies, including women's groups whose influence runs deep within the Democratic Party. It was just last week that Obama became the first president to address Planned Parenthood in person, telling the abortion rights group that as long as women must fight to make their own health choices, "you've also got a president who's going to be right there with you fighting every step of the way."

Contraception advocates see a double standard. No one is carded when buying a condom, but under the FDA's decision they would have to prove their age when buying a pill to prevent pregnancy if that condom breaks.

"This isn't a compromise. This is wrong," said Cynthia Pearson of the National Women's Health Network.

Likewise, social conservatives were outraged by the FDA's move, saying it was important for parents and medical professionals to be involved in such decisions involving teens.

"This decision undermines the right of parents to make important health decisions for their young daughters," said Anna Higgins of the Family Research Council. She added that removing the prescription requirement meant "teens and women will avoid necessary medical screenings" that could detect serious problems.

The FDA had been poised to lift all age limits and let Plan B sell over the counter in late 2011, when Health and Human Services Secretary Kathleen Sebelius, in an unprecedented move, overruled her own scientists. Sebelius said some girls as young as 11 were physically capable of bearing children but shouldn't be able to buy the pregnancy-preventing pill on their own.

Ruling earlier this month in a lawsuit challenging that decision, Korman blasted the Obama administration for letting election-year politics trump science. The judge called the morning-after pill "among the safest drugs sold over the counter," and gave the government 30 days to lift all age limits.

Obama aides bristled at the suggestion that the FDA decision was an attempt at political compromise, insisting the FDA merely responded to an application filed by Plan B's manufacturer which sought the 15 age limit and over-the-counter sales.

At the same time, Carney signaled that a policy allowing 15-year-olds to buy the pill off the shelf would be more palatable to Obama than the prospect of 11-year-olds having unfettered access. Pointing to Obama's comments in support of Sebelius back in 2011, Carney said, "he referred to younger girls, and I believe so did Secretary Sebelius."

If a woman already is pregnant, the morning-after pill has no effect. It prevents ovulation or fertilization of an egg. According to the medical definition, pregnancy doesn't begin until a fertilized egg implants itself into the wall of the uterus. Still, some critics say Plan B is the equivalent of an abortion pill because it may also be able to prevent a fertilized egg from attaching to the uterus, a contention that many scientists -- and Korman, in his ruling -- said has been discredited.

View the original article here

Obama vows those responsible for Boston explosion will feel 'full weight of justice'

• 

• • 

    Obama: Boston perpetrators will feel full weight of justice

  • 

    Video captures explosions near Boston Marathon finish line

President Obama said Monday that officials do not know who is behind the attack on the Boston Marathon, but vowed that those responsible will "feel the full weight of justice." 

The president assured that the administration is mobilizing its "full resources" to help investigate and provide security. 

"The American people will say a prayer for Boston tonight," Obama said. 

The president addressed the nation from the White House briefing room just hours after the explosion. Though Obama did not use the word "terror," officials separately told Fox News that the White House does believe this was a terror attack. 

"When multiple devices go off, that's an act of terrorism," a senior administration official told Fox News. 

Officials tell Fox News that Obama has been in touch with Massachusetts officials regarding the fatal attack and has directed his administration to provide "whatever assistance is necessary." 

Reflecting the very preliminary stage of the investigation, Obama said authorities do not know who was behind the explosion. 

"We still do not know who did this or why, and people shouldn't jump to conclusions before we have all the facts," he said. "But make no mistake, we will get to the bottom of this. ... We will find out who did this, and we will hold them accountable." 

A White House official said the president called Boston Mayor Tom Menino and Massachusetts Gov. Deval Patrick earlier Monday to "express his concern for those who were injured and to make clear that his administration is ready to provide needed support as they respond to the incident." 

Obama was briefed by Homeland Security adviser Lisa Monaco and other members of his senior staff Monday afternoon, as well as by FBI Director Robert Mueller and Homeland Security Secretary Janet Napolitano. 

Details of the explosion, which ripped through the crowded finish line at the Boston Marathon, are still emerging. Boston police say at least two are dead and more than 70 injured. 

Authorities were guarding a person of interest at a local hospital, sources told FoxNews.com. The person, who sources said is 20 years old, had severe burns, but authorities had not determined whether the person is a victim or a suspected perpetrator. 

The Boston police commissioner claimed no "suspect" is currently in custody. 

Attorney General Eric Holder has also spoken with Mueller and has likewise directed the "full resources" of the Justice Department to be deployed, a spokesperson said. 

Vice President Biden, during a conference call on gun violence, said "our prayers are with those people in Boston who suffered injury." 

Mitt Romney, former governor of Massachusetts and 2012 Republican presidential nominee, tweeted: "Our hearts are heavy with the news out of Boston today."

View the original article here