Executive Vice President Michael Clemente says Fox News will be among those media outlets not attending the DOJ meeting with Attorney General Eric Holder if it is "off the record." The embattled attorney general invited members of the media to a conversation on his department's surveillance of reporters as a part of what's being called the office's "charm offensive."

Report: Holder Went Judge-Shopping for James Rosen Subpoena

Other organizations who have said they will not attend any off-the-record meeting include the Associated Press, The Huffington Post, New York Times, CNN and The National Journal. The Washington Post and Politico have accepted.

The Justice Department is under fire for subpoenas obtained to investigate journalists and track phone records, in particular the Associated Press and Fox News correspondent James Rosen.