The Justice Department begged a federal judge to not tell Fox News reporter James Rosen that it was tracking his telephone calls and emails in a probe regarding a national security leak.

U.S. Attorney Ron Machen argued in 2010 that the traditional 30-day notice period did not apply to Rosen as Justice secretly monitored his Gmail account, according to new exhibits unsealed this week and disclosed by The Hill.

“Where, as here, the government seeks such contents through a search warrant, no notice to the subscriber or customer of the e-mail account is statutorily required or necessary,” Machen wrote in a June 2010 motion. “Thus, this court’s indication on the face of the warrant that delayed notice of 30 days to the customer and subscriber was permissible was unnecessary.”

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