The Justice Department secretly obtained two months of telephone records of reporters and editors for The Associated Press in what the news cooperative's top executive called a "massive and unprecedented intrusion" into how news organizations gather the news.
The records obtained by the Justice Department
listed outgoing calls for the work and personal phone numbers of individual reporters, for general AP office numbers in New York, Washington and Hartford, Connecticut, and for the main number for the AP in the House of Representatives press gallery, according to attorneys for the AP. It was not clear if the records also included incoming calls or the duration of the calls.
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. 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 overbroad collection of the telephone communications of The Associated Press and its reporters. These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two-month period, provide a road map to AP's newsgathering operations and disclose information about AP's activities and operations that the government has no conceivable right to know," Pruitt said.
AP offices in New York
The government would not say why it sought the records. Officials have previously said in public testimony that the US 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 plan 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 story occurred around the one-year anniversary of the May 2, 2011, killing of Osama bin Laden.
The terror plot coverd in the story was significant both because of its seriousness and also because the White House previously had told the public it had "no credible information that terrorist organizations, including al-Qaeda, are plotting attacks in the US to coincide with the (May 2) anniversary of bin Laden's death."
The AP delayed reporting the story at the request of government officials who said it would jeopardize national security. Once officials said those concerns were allayed, the AP disclosed the plot, though the Obama administration continued to request that the story be held until the administration could make an official announcement.
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 White House said on Monday that other than press reports it had no knowledge of Justice Department attempts to seek AP phone records.
normally are notified in advance that the government wants phone records and then they enter into negotiations over the desired information. In this case, however, the government, in its letter to the AP, cited an exemption to those rules that holds that prior notification can be waived if such notice, in the exemption's wording, might "pose a substantial threat to the integrity of the investigation."
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