Reply #22: Fitz got some Judy Miller phone records, but by legal means.

[Kagemusha]

We don't know for a fact whether this is a valid, court-authorized use of phone records or the use of NSA technology for a CIA leak investigation. FISA does have a no-warrant-necessary provision when dealing with agents of foreign powers. That's never, ever supposed to be applied to something like an American newspaper (except in the wildest fantasies of media "treason" by extremists).

Frankly, I'm more pleased to see the fear go out than anything. The media needs to be afraid, because there is something for it to be afraid of; downplaying it doesn't serve the principle of a free press at all. Time they woke up.

(Edit: Added "but" in the subject line for clarity to juxtapose an allowed, if not encouraged, use of phone records by a prosecutor, as opposed to simply taking the stuff arbitrarily)