Eric Holder personally signed off on the warrant application naming Fox News reporter James Rosen as a criminal accomplice:
The Justice Department pledged Friday [to] review its policies relating to the seizure of information from journalists after acknowledging that a controversial search warrant for a Fox News reporter’s private emails was approved “at the highest levels” of the Justice Department, including “discussions” with Attorney General Eric Holder.
A second report confirms that Holder’s approval was not pro forma, he took part in the discussions. (This is significant, because Holder has already used the excuse that he can’t read every memo that crosses his desk.)
Not only does this put Holder hip-deep in the journalist surveillance scandal, it also seems to make him a perjurer:
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.
That testimony was given under oath, since the House has wisely suspended its “no oath” courtesy for Cabinet secretaries in Holder’s case.
Moreover, if Holder tries to weasel out by claiming that he never actually intended to prosecute Rosen, then he made false claims on the warrant application:
If that’s their defense, they knowingly lied to the judge who would, hopefully, reject the request if they admitted it was just a fishing expedition for information.
But that might be the best stance to take, since the warrant application was already filled with false claims:
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?)
The good news is that, although Holder could end up disbarred, he’s very unlikely to face prosecution for his perjury; his own Justice Department would have to approve such a prosecution. If there were ever any doubt at all as to whether that could happen, they’ve already removed it.