U.S. presses ahead on another leak case

WASHINGTON -- In another case of the Obama administration investigating classified information improperly disclosed to reporters, the government is prosecuting a State Department expert on North Korea in a probe that appears to step into uncharted territory -- by declaring that a journalist is committing a crime in disclosing leaked information.

During the investigation of State Department adviser Stephen Kim, law enforcement officials obtained a search warrant for some private emails of James Rosen, the chief Washington correspondent for Fox News. Investigators also tracked Rosen's comings and goings from the State Department.

An FBI agent seeking the search warrant spelled out the government's view of the journalist's role, saying the reporter is a co-conspirator and that there is probable cause to believe that he violated criminal law.

"We are outraged to learn today that James Rosen was named a criminal co-conspirator for simply doing his job as a reporter," said Michael Clemente, Fox's executive vice president for news. "In fact, it is downright chilling. We will unequivocally defend his right to operate as a member of what up until now has always been a free press."

Kim, who is awaiting trial, is accused of revealing secrets to the news organization. No charges have been filed against Rosen.

In June 2009, Rosen reported that U.S. intelligence officials warned President Barack Obama and senior U.S. officials that North Korea would respond to a United Nations Security Council resolution condemning nuclear tests with another nuclear test.

The 2010 affidavit for a search warrant, first reported by The Washington Post, does not identify Rosen as "the reporter," but he wrote the story at issue, and Fox News confirmed it was him on Monday.

The White House wouldn't comment about tracking Rosen, citing an ongoing criminal investigation.

Meanwhile on Monday, North Korea continued firing short-range weapons over its own eastern waters after a weekend of what it called "rocket launching tests" intended to bolster deterrence against enemy attack. South Korean officials were investigating exactly what it was that the North was testing.

Analysts aren't sure whether the recent launches are weapons tests or an attempt to get United States and South Korean attention amid tentative signs of diplomacy.