Page 8 - Potential Prosecution News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Under the espionage act. my point as a lawyer was you can say rosen is a criminal, right? you can say is he a criminal, judge, trust me, is he a criminal but i'm never going to prosecute him. i have prosecutorial discretion. i'm never going to bring that case. that wouldn't necessarily be inconsistent with holder going out there saying i don't know anything about a potential prosecution. but, wait. >> bill: that is a dance. >> let me add a wrinkle. i went over and pored over that fbi affidavit paragraph by paragraph. and there is another paragraph in there that has been getting less attention ...

Under the espionage act. my point as a lawyer was you can say rosen is a criminal, right? you can say is he a criminal, judge, trust me, is he a criminal but i'm never going to prosecute him. i have prosecutorial discretion. i'm never going to bring that case. that wouldn't necessarily be inconsistent with holder going out there saying i don't know anything about a potential prosecution. but, wait. >> bill: that is a dance. >> let me add a wrinkle. i went over and pored over that fbi affidavit paragraph by paragraph. and there is another paragraph in there that has been getting less attention ...

Not only been not involved in but never heard of potential prosecution of reporters. then later his involvement in these discussions about this affidavit and about going after james rosen and his e-mails. bill: this is a basic question that is in the letter. this goes to the heart of the matter too. on screen, the justice department issued a statement that the search warrant for mr. rosen's e-mails was approved at the highest levels of the department. did this include you? the answer to that will take you a long way, won't it? >> i think it will. we had a number of media reports that suggested...

>> megyn: is our panel. i mean that to me when i looked over the evidence of whether he contradicted himself whether he told congress that he never had been involved in or heard of potential prosecution of the press. then i see the f.b.i. affidavit he signed off on says specifically because of rosen's own potential criminal liability in this matter, that is pretty close to a direct contradiction. richard, your thoughts who is not only a democrat but a lawyer? >> this is i would say is very serious territory. i'm sure that the attorney general will address it directly because he will have to. i...

Isn't. there is information that's specific within the m.o. that only he and the victims are aware of so we can't do anything -- we don't want to do anything to diminish our investigative capacity, nor do we want to impede on potential prosecution once he's in custody. >> absolutely. we respect that. i read something you had said. you said, quote, we are not going to let this monster cripple us. chief, how close are you in catching him? >> i think we're very close. there is some forensic evidence that we're waiting from our michigan state police crime lab. they have done their due diligence an...