News Corp. Says It Was Not Told of Subpoena for Reporter’s Phone Records

The company’s chief legal counsel at the time also said that he had never seen material from the government related to the subpoena.

The Justice Department has signaled that it notified News Corporation on Aug. 27, 2010, that it had seized the phone records of a Fox News reporter — who turned out to be the Washington correspondent James Rosen — after one of his articles had included details of a secret United States report on North Korea.

The seizure was part of the department’s case against Stephen Jin-Woo Kim, a State Department contractor investigated in connection with the North Korea leak. Mr. Kim has pleaded not guilty to leaking information and is awaiting trial. Fox News has denied that it knew about the subpoena, while Justice Department officials have said they sent notification 90 days after obtaining the records.

A law enforcement official said on Sunday that in the investigation that led to the indictment of Mr. Kim, “the government issued subpoenas for toll records for five phone numbers associated with the media.” This person, who spoke on the condition of anonymity, added, “Consistent with Department of Justice policies and procedures, the government provided notification of those subpoenas nearly three years ago by certified mail, facsimile and e-mail.”

A Fox News executive said the channel had never heard of the Justice Department investigation and had no knowledge of New Corporation ever being notified. A News Corporation spokesman said Sunday that the company was looking into the matter of notification. “While we don’t take issue with the D.O.J.’s account that they sent a notice to News Corp., we do not have a record of ever having received it,” Nathaniel Brown, the spokesman, said.

Last week, The Washington Post obtained an affidavit that described Mr. Rosen (without naming him) as “at the very least, either as an aider, abettor and/or co-conspirator.” The investigation relates to a 2009 article Mr. Rosen published on FoxNews.com that quoted a source describing missile activity in North Korea.

In e-mail to employees on Thursday, Roger Ailes, chairman and chief executive of Fox News, rejected the validity of the investigation. “We will not allow a climate of press intimidation, unseen since the McCarthy era, to frighten any of us away from the truth,” Mr. Ailes said.

Lawrence A. Jacobs, who was News Corporation’s chief legal officer until he left in June 2011, said he never saw a notification about the phone records.

“I would have remembered getting a fax from the Justice Department,” Mr. Jacobs said in an interview Sunday. “These are not the kinds of things that happen every day.”

He added, “The first thing I would’ve done would be to call Roger Ailes.”

News Corporation said it had conducted a thorough search of its legal records, including, Mr. Jacobs said, a scan of his e-mails and other relevant materials, and has found nothing related to the investigation. “The inference that I sat on this and didn’t share it with Roger couldn’t be further from the truth,” Mr. Jacobs said.

The investigation into Mr. Rosen’s phone records and personal e-mail became public only after The Associated Press said two weeks ago that the government had subpoenaed telephone records in a different leak investigation.

Jay Carney, the White House press secretary, did not comment specifically on the Fox News investigation, but said last week at a news briefing that President Obama “believes, I think, as all of his predecessors believed, that it is imperative that leaks that can jeopardize the lives of American men and women serving overseas should not be tolerated.”

Article source: http://www.nytimes.com/2013/05/27/business/media/news-corp-says-it-was-not-told-of-subpoena-for-reporters-phone-records.html?partner=rss&emc=rss