The New Yorker reported:
Rosen, according to recent reports, did not learn that the government seized his e-mail records until it was reported in the Washington Post last week…
…The government, which accused Rosen of being an “aider, abettor, and/or co-conspirator” in the Kim case, cast a wide net in its search of Rosen’s e-mail. Among other things, the search warrant requested access to:
—“Records or information related to Stephen Kim’s or the Author’s knowledge of laws, regulations, rules and/or procedures prohibiting the unauthorized disclosure of national defense or classified information.”
—“Any classified document, image, record, or information, and any communications concerning such documents, images, records, or information.”
—“Any document, image, record, or information concerning the national defense, including but not limited to documents, maps, plans, diagrams, guides, manuals, and other Department of Defense, U.S. military, and/or weapons material, as well as sources and methods of intelligence gathering, and any communications concerning such documents, images, records, or information.”
—“Records or information related to the state of mind of any individuals seeking the disclosure or receipt of classified, intelligence and/or national defense information.”
In addition, the Justice Department searched the account for any Internet services Rosen may have accessed and records of “data transfer volume,” suggesting the government was looking for evidence that Rosen downloaded large quantities of potentially classified information.
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.