Judge Andrew Napolitano joined Fox & Friends co-host Brian Kilmeade on Tuesday to discuss the Justice Department tracking Fox reporter James Rosen and looking into his emails. The pair both expressed outrage — with Kilmeade questioning how White House Press Secretary Jay Carney can stomach the situation given his own career in journalism.
Napolitano explained that Rosen, being a reporter, naturally “cultivated relationships” with people in State Department — but that his “talking and flattering” was not a crime. Firstly, Napolitano said Rosen didn’t receive any national security secrets, and that it’s not a crime for him to ask for information.
“That affidavit was so inaccurate, it said that James committed a crime by doing something that it is only a crime for government employees to do,” he asserted. “This is the first time that the federal government has moved to this level of taking ordinary, reasonable, traditional, lawful reporter skills and claiming they constitute criminal behavior.”
To that point, Kilmeade recalled Carney’s dealing with the press yesterday (he was “blistered”), remarking that, “I guess they thought you attack Fox News, it will be okay.”
“I don’t know how Jay Carney sleeps at night,” he added, “because he came from the reporting world.”
Watch below, via Fox News:
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