WASHINGTON — Attorney General Eric Holder said that the Department of Justice did not make the White House aware of an investigation into a leak to the Associated Press that led to the DOJ subpoenaing of the wire service’s phone records.
“My guess would be that the White House found out about this by reading the newspapers,” Holder said.
The Attorney General provided little information on why the Department of Justice had subpoenaed phone records for the Associated Press during his testimony before the House Judiciary Committee Wednesday, claiming that he did not have such facts because he had recused himself.
“This is both an ongoing matter and an ongoing matter about which I know nothing,” Holder explained, as members of the committee repeatedly peppered him with questions about the Justice Department’s actions.
“I don’t know what happened there about interaction between the AP and the Justice Department,” he said, adding that the subpoena was issued by the DOJ officials in charge of the case, and he did not know when it was issued.
But Holder made a point of noting that there are “exceptions” to the rule that requires the Justice Department to notify publications before subpoenaing their phone records.
On Tuesday, Holder said at a press conference that he had recused himself at the start of the investigation into who leaked information to the Associated Press about a CIA operation in Yemen. (Related: Holder not sure how many times he’s seized press records)
Holder explained Wednesday that he had recused himself because he was one of the very few people in the Justice Department in possession of the leaked information, and as the investigation was into which one of those few people had leaked the information, he felt it was a conflict of interest to stay involved.
He said that he had recused himself before the investigation began, but had not submitted the recusal in writing, and that he “certainly did not alert the White House” when he did so.
Deputy Attorney General James Cole, he said, was in charge of the investigation. Holder said he would convey a request from Republican Rep. Spencer Bachus of Alabama that Cole would come before the committee, but that he would likely be unable to answer many questions as it is an ongoing investigations.
Holder was adamant that the focus of the investigation was on the persons who leaked the information, not on the AP reporters who printed it.
Prosecuting reporters, Holder said, was “not something I’ve ever been involved with … or think would be a wise policy. In fact, my view is quite the opposite.
Holder said that, in fact, he would support a shield law for reporters.
“The focus should be on those people who break their oaths and put the American people at risk, not the reporters,” he said.