The answers provided by one of the department’s top deputies are likely to do little, however, to resolve the dispute over whether Mr. Holder misled Congress by denying that the Justice Department had considered prosecuting journalists under the Espionage Act.

In testimony on May 15, Mr. Holder dismissed the notion that reporters writing about national security secrets should be indicted under the Espionage Act, saying: “With regard to the potential prosecution of the press for the disclosure of material, that is not something that I’ve ever been involved in, heard of or would think would be a wise policy.”

But since then the department confirmed that Mr. Holder had approved a request for a search warrant in 2010 for the private correspondence of James Rosen, a Fox News reporter who disclosed a North Korean nuclear test that had not been made public.

An affidavit filed in the investigation seeking Mr. Rosen’s e-mails said there was probable cause to believe Mr. Rosen had violated the Espionage Act, arguing that he qualified for an exception to a law that generally bars search warrants for reporters’ work unless the reporter is suspected of committing a crime.

The Justice Department letter, signed by Peter J. Kadzik, principal deputy assistant attorney general, noted that while a grand jury did charge a government employee with the unauthorized disclosure of classified information, Mr. Rosen has not been charged with anything. “At no time during the pendency of this matter — before or after seeking the search warrant — have prosecutors sought approval to bring criminal charges against the reporter,” Mr. Kadzik wrote.

Article source: http://www.nytimes.com/2013/06/04/us/politics/justice-department-defends-holders-testimony.html?partner=rss&emc=rss