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Under the espionage act. my point as a lawyer was you can say rosen is a criminal, right? you can say is he a criminal, judge, trust me, is he a criminal but i m never going to prosecute him. i have prosecutorial discretion. i m never going to bring that case. that wouldn t necessarily be inconsistent with holder going out there saying i don t know anything about a potential prosecution. but, wait. bill: that is a dance. let me add a wrinkle. i went over and pored over that fbi affidavit paragraph by paragraph. and there is another paragraph in there that has been getting less attention and it s paragraph 45 of the affidavit if you look at it it he writes, the fbi agent: because of reporter, meaning rosen, because of reporter s own potential criminal liability in this matter, we believe requesting the voluntary production of the materials would be futile. now they take it a step further. they are not just naming him as a criminal. they are saying he has got liability. he has potent ....
Not only been not involved in but never heard of potential prosecution of reporters. then later his involvement in these discussions about this affidavit and about going after james rosen and his e-mails. bill: this is a basic question that is in the letter. this goes to the heart of the matter too. on screen, the justice department issued a statement that the search warrant for mr. rosen s e-mails was approved at the highest levels of the department. did this include you? the answer to that will take you a long way, won t it? i think it will. we had a number of media reports that suggested eric holder s involvement in all these things. one of the things that chairman goodlatte wants to find out if holder himself will cop to this. interestingly yesterday at the white house briefing, jay carney actually defended eric holder and suggested that holder had been truthful in his testimony. i think we saw at least the white house taking one step to support this embattled attorney general. b ....
Never heard of potential prosecution of a journalist for disclosures. well, if that isn t misleading congress, it s minimum. i don t know what is. even if you accept mr. con yes, sir s explanation conyers explanation he has lost the trust of congress and he ought to resign forth width. megyn: he has come out of his state of mind today saying that first of all, the gravity of the situation didn t really sink in until he read the washington post study about what he did to rosen. he is feeling a creeping sense of personal remorse on this. the message from doj, we get it and we understand that hold shall sees it as a teaching moment that his own personal soul searching ....
megyn: is our panel. i mean that to me when i looked over the evidence of whether he contradicted himself whether he told congress that he never had been involved in or heard of potential prosecution of the press. then i see the f.b.i. affidavit he signed off on says specifically because of rosen s own potential criminal liability in this matter, that is pretty close to a direct contradiction. richard, your thoughts who is not only a democrat but a lawyer? this is i would say is very serious territory. i m sure that the attorney general will address it directly because he will have to. i would say what he probably will say it s all a matter of context. the quoted material, the ....
Isn t. there is information that s specific within the m.o. that only he and the victims are aware of so we can t do anything we don t want to do anything to diminish our investigative capacity, nor do we want to impede on potential prosecution once he s in custody. absolutely. we respect that. i read something you had said. you said, quote, we are not going to let this monster cripple us. chief, how close are you in catching him? i think we re very close. there is some forensic evidence that we re waiting from our michigan state police crime lab. they have done their due diligence and work over the weekend. the results are imminent, and it will help us in three ways. it will help us exclude possible suspects. we re very hopeful that s going to pinpoint who this individual is. lastly, the information may tie all of the cases together, not only with the m.o., but what the evidence speaks to. how many tips has your department received? we re approaching over 100 ....