Judge Andrew Napolitano weighed in this morning on the investigation of Fox News reporter James Rosen by the Justice Department, calling it an unprecedented action by federal authorities against a reporter.

"This is the first time that the federal government has moved to this level of taking ordinary, reasonable, traditional, lawful reporter skills and claiming they constitute criminal behavior," said Napolitano.

In order to obtain a search warrant to look at Rosen's emails and phone records, the FBI claimed that Rosen had violated espionage laws in his news-gathering efforts. The State Department contractor who shared the information with Rosen, Stephen Jin-Woo Kim, was indicted on espionage charges and is awaiting trial. The sensitive materials pertained to a planned nuclear test by North Korea in 2009.

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Napolitano went on to explain why the government's arguments against Rosen do not add up.

Brian Kilmeade pointed out that White House Press Secretary Jay Carney is now being asked to defend this apparent crackdown against journalists by the Obama administration.

"I don't know how Jay Carney sleeps at night, because he came from the reporting world," said Kilmeade.

The judge agreed.

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