Holder says ‘subpoena’ to Fox News reporter is his one regret

Published March 30, 2018

Attorney General Eric Holder says he has one regret: his department's court order for Fox News reporter James Rosen's emails labeling him a criminal "co-conspirator."

The outgoing attorney general, who recently announced his retirement, addressed the controversial episode during the "Washington Ideas Forum" on Wednesday. Asked what decision he wishes he could do over, Holder said: "I think about the subpoena to the Fox reporter, Rosen."

Holder was referring to a 2010 search warrant application seeking Rosen's emails. The Justice Department at the time was investigating who leaked information contained in a series of reports by Rosen in 2009 about North Korea's nuclear weapons program.

In the course of seeking Rosen's emails, an FBI agent submitted an affidavit claiming there was evidence that Rosen broke the law, "at the very least, either as an aider, abettor and/or co-conspirator." The affidavit went so far as to invoke the Espionage Act -- pertaining to the unauthorized gathering and transmitting of defense information.

On Wednesday, Holder said that application could have been done "differently" and "better."

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