May 28, 2013
The New Yorker’s Ryan Lizza, a bulldog on the DOJ/Fox News secret subpoena story, reports that the effort by the Justice Department to obtain the controversial court order was arduous, contentious and unsuccessful until finally a third judge acquiesced.
The new documents show that two judges separately declared that the Justice Department was required to notify Rosen of the search warrant, even if the notification came after a delay. Otherwise: “The subscriber therefore will never know, by being provided a copy of the warrant, for example, that the government secured a warrant and searched the contents of her e-mail account,” Judge John M. Facciola wrote in an opinion rejecting the Obama Administration’s argument.
Machen appealed that decision, and in September, 2010, Royce C. Lamberth, the chief judge in the Federal District Court for the District of Columbia, granted Machen’s request to overturn the order of the two judges.