Janet M. LaRue

U.S. Attorney General Eric Holder, a former prosecutor and judge, is pleading ignorance of the law as his excuse for criminally accusing a journalist of being a journalist. Holder wants Congress to pass a law to shield the press from him.

There are some laws that the nation’s top law enforcement agent ought to have written on his heart. Take the First Amendment, for example. It’s included in that oath Holder swore to God to uphold.

Holder swore another oath on May 15 when he testified before the House Judiciary Committee on the subject of investigating national security leaks to the media. Holder couldn’t imagine even the potential prosecution of reporters under the Espionage Act:

“In regard to potential prosecution of the press for the disclosure of material. This is not something I’ve ever been involved in, heard of, or would think would be wise policy.”

Four days later, Ann E. Marimow of the Washington Post revealed that DOJ had obtained a search warrant under seal on May 28, 2010, for the phone records and emails of Fox News reporter James Rosen, citing “the Reporter’s own potential criminal liability in this matter.” The “matter” being the Espionage Act.

Now that the U.S. Department of Justice has confirmed that Holder discussed and approved the application for the warrant, Holder appears to be setting up a diminished capacity plea.

If the “exclusive” in the Daily Beast by Daniel Klaidman is to be believed, Holder was clueless about what he had done until his “personal soul-searching” moment during his morning devotional in the Washington Post. According to Klaidman:

Janet M. LaRue

Jan LaRue is Senior Legal Analyst with the American Civil Rights Union; former Chief Counsel at Concerned for Women; Legal Studies Director at Family Research Council; and Senior Counsel for the National Law Center for Children and Families. Be the first to read Janet LaRue's column. Sign up today and receive Townhall.com delivered each morning to your inbox.