I'm quite happy for conservatives – and journalists! – to make this into a big scandal….
WASHINGTON (AP) — The Justice Department secretly obtained two months of telephone records of reporters and editors for The Associated Press in what the news cooperative's top executive called a "massive and unprecedented intrusion" into how news organizations gather the news.
… if only because it will highlight the broad powers given to the DOJ under the Bush Administration, many of which are, to my mind, unconstitutional.
But I think Republicans will leave this alone. From a political point of view, Republicans are going to have a hard time making much hay with this because (a) most of them support the law that allows DOJ to do this, and (b) the American public doesn't think very highly of the press and probably isn't very outraged that they can have their phone records collected just like anyone else.
They'll try though. Darrell Issa is "outraged". But it's worth remembering that Issa voted against legislation that would have protected the AP:
Issa was one of 21 House members who opposed the Free Flow of Information Act of 2007, a measure that would have forbidden federal investigators from compelling journalists to give evidence without first obtaining a court order. The bill included a section that specifically forbid subpoenaing journalists’ phone records from “communication service providers” to the same extent that the law protected the journalists themselves.
The legislation passed the House, but it was filibustered by Republicans in the Senate and opposed by the Bush Administration. Barack Obama, at the time a U.S. Senator, didn't vote on the bill, but was a co-sponsor. So you have a situation where Issa and Senate Republicans opposed legislation that would have prevented a government action they now decry, and you have a president who supported the legislation but whose administration is now responsible for taking the actions his legislation was supposed to prevent.