Lest We Forget . . .

There is another scandal that is hobbling the Obama administration. And it has even stirred the New York Times editorial board to outrage:

With the decision to label a Fox News television reporter a possible “co-conspirator” in a criminal investigation of a news leak, the Obama administration has moved beyond protecting government secrets to threatening fundamental freedoms of the press to gather news.

The 
latest reported episode involves James Rosen, the chief Washington correspondent for Fox News. In 2009, Mr. Rosen reported on FoxNews.com that North Korea planned to launch a missile in response to the condemnation of its nuclear tests by the United Nations Security Council. The Justice Department investigated the source of the article and later indicted Stephen Jin-Woo Kim, a State Department security adviser, on charges of leaking classified information. Mr. Kim pleaded not guilty.

Normally, the inquiry would have ended with Mr. Kim — leak investigations usually focus on the source, not the reporter. But, in this case, federal prosecutors also asked a federal judge for permission to examine Mr. Rosen’s personal e-mails, arguing that “there is probable cause to believe” Mr. Rosen is “an aider and abettor and/or co-conspirator” in the leak.

An affidavit filed with the judge made it clear that Mr. Rosen’s comings and goings at the State Department were carefully monitored. It said further that he tried to elicit information by “employing flattery and playing to Mr. Kim’s vanity and ego.” That would hardly be a first in the relationship between journalists and government officials, and, certainly, it is not grounds for a conspiracy charge. Though Mr. Rosen was not charged, the F.B.I. request for his e-mail account was granted secretly in late May 2010. The government was allowed to rummage through Mr. Rosen’s e-mails for at least 30 days. (The New Yorker
 reported Tuesday that Justice Department officials also seized phone records associated with White House staffers and Fox News as part of the Kim case.)

Michael Clemente, the executive vice president of Fox News, said on Monday that it was “downright chilling” that Mr. Rosen “was named a criminal co-conspirator for simply doing his job as a reporter.” Bruce Brown, the executive director of the 
Reporters Committee for Freedom of the Press, added on Tuesday that treating “routine news-gathering efforts as evidence of criminality is extremely troubling and corrodes time-honored understandings between the public and the government about the role of the free press.”

The Justice Department has gone so far as to seize the phone records of Rosen's parents. Because, of course, they were in on the conspiracy. Or something.