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Justice Department Told °µºÚ±¬ÁÏ Corp. About Fox Subpoena In 2010

Fox °µºÚ±¬ÁÏ officials over the search of reporter James Rosen's records amid a federal leak investigation

But prosecutors told Fox's parent company of a subpoena nearly three years ago.

Prosecutors issued a subpoena for Rosen's phone records and got a judge to sign off on a sealed warrant for his emails back in May 2010.

The Justice Department informed °µºÚ±¬ÁÏ Corporation lawyers in August 2010 of the phone records search. But a Fox executive and a °µºÚ±¬ÁÏ Corp. spokesman say that vital information was never shared by °µºÚ±¬ÁÏ Corp with Fox's executives or lawyers — hence, they say, Fox's expressions of outrage last week were real.

Former °µºÚ±¬ÁÏ Corp. General Counsel Lon Jacobs says he never received notification from the Department of Justice about Rosen's records. Justice, Jacobs said, appears to have sent a fax to his office line in August of 2010 and never followed up.

"I don't know why the Department of Justice would send a single fax," Jacobs said. "If they wanted Fox °µºÚ±¬ÁÏ to know about it, why not go to Fox?"

The disclosure does not change the anger of journalists toward a series of aggressive leak inquiries. But °µºÚ±¬ÁÏ Corp. spokesman Nathaniel Brown says the company is reviewing its apparent oversight, which just came to light.

Copyright 2020 NPR. To see more, visit https://www.npr.org.

David Folkenflik was described by Geraldo Rivera of Fox °µºÚ±¬ÁÏ as "a really weak-kneed, backstabbing, sweaty-palmed reporter." Others have been kinder. The Columbia Journalism Review, for example, once gave him a "laurel" for reporting that immediately led the U.S. military to institute safety measures for journalists in Baghdad.
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