The Justice Department says it was right not to alert the Associated Press when it subpoenaed the newsgathering organization's phone records; if it had, the real target of the leak investigation might have been tipped off.
In a letter to House Judiciary Committee Chairman Bob Goodlatte, R-Va., and Rep. James Sensenbrenner Jr., R-Wis., Principal Deputy Assistant Attorney General Peter Kadzik defended his department's actions, The Hill
The subpoena of records was not done secretly, Kadzik wrote, but notification to the AP was delayed 90 days to prevent the suspected leaker from destroying evidence, creating a false narrative or impeding the investigation in some other way.
Typically, news organizations are notified immediately so they can negotiate the release of records. Kadzik did not give specifics as to why this case was different from others. He said that since the investigation is ongoing he cannot discuss it publicly.
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