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Reporters and political analysts are raising questions about Fox News being on hand as the FBI raided the office of Virginia state Sen. Louise Lucas, an influential Democrat in the state.
The Bulwark's reporter, Sam Stein, and host Tim Miller both questioned if Fox got a heads-up about the raid in Portsmouth on Wednesday morning.
"How did Fox News get someone live on the scene of a raid in Portsmouth? Do you all have an office in Portsmouth?" asked Miller.
"I will say. Some pretty remarkable instincts by Fox News to have its London correspondent placed in Portsmouth, Virginia, right in time for the FBI raid of Louise Lucas," wrote Stein. "To be clear, I don't begrudge Fox at all here. Take the scoop. But it does suggest a coordination on the part of the FBI and a politicization, too. The folks who accused CNN of getting the tip-off on Roger Stone seem to be fine with it now."
Stein noted that Lucas oversaw a successful redistricting campaign effort two weeks before.
Former Director of Public Affairs at the Federal Trade Commission Douglas Farrar similarly commented, "Fox News knew to be on the scene at the perfect time..."
The Justice Department's manual shows in Title 1 Section 7.710 that any "advance" warning to Fox News would have needed a high-level, investigative reporter Scott MacFarlane wrote on X.
Indeed, the DOJ manual explains:
"In order to promote the aims of law enforcement, including the deterrence of criminal conduct and the enhancement of public confidence, DOJ personnel, with the prior approval of the appropriate United States Attorney or Assistant Attorney General, may assist the news media in recording or reporting on a law enforcement activity."
It goes on to say that the assistant attorney general or U.S. attorney must consider whether their hat-tip would "Unreasonably endanger any individual; prejudice the rights of any person; or be otherwise proscribed by law."
"In cases where a search warrant or arrest warrant is to be executed, no advance information will be provided to the news media without the express approval of the appropriate United States Attorney or Assistant Attorney General. This requirement also applies to operations in preparation for the execution of a warrant," the manual continues.
MacFarlane saw Fox's reports and asked how the network could characterize it as a “corruption” investigation before reviewing the legal documents associated with the warrant.
"What court filing are they referring to ... that specifies this as a 'corruption' probe?" he asked.
The FoxNews.com report alleges the raid could be related to a cannabis dispensary that Lucas co-owns. Virginia hasn't approved sales of cannabis products containing THC recreationally, which is the ingredient that can achieve the "high" feeling from cannabis products. However, those with a medical card can use cannabis in Virginia.
A February report by the Virginia Mercury said that some of the products in the dispensary claimed to have high doses of THC, but when tested, didn't come close to achieving the advertised amount.
Trump reclassified state-licensed medical marijuana as a less dangerous, Schedule III drug in April. It did not fully legalize cannabis federally.