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On Friday, Attorney General Pam Bondi announced a shift in policy reversing a previous Biden administration directive that restricted the Justice Department’s ability to obtain reporters’ communications and materials through subpoenas and court orders. This change, outlined in an internal memo obtained by Government Executive, is aimed at reducing leaks of sensitive information that are perceived to hinder the efforts of the Trump administration.
The memo explicitly states, “This Justice Department will not tolerate unauthorized disclosures that undermine President Trump’s policies, victimize government agencies, and cause harm to the American people.” It emphasizes that news organizations will now be required to comply with subpoenas approved at appropriate levels within the Department of Justice.
Under the revised guidelines, Bondi herself must authorize any attempts to question or arrest journalists. The memo specifically targets federal employees who disclose sensitive information to the press. Bondi asserts that such leaks compromise the Department of Justice’s capability to enforce the law, uphold civil rights, and ensure national security, labeling the actions of leakers as both illegal and unethical, indicating a need for cessation.
Bondi referred to the use of subpoenas or warrants against journalists as an “extraordinary measure,” suggesting multiple steps must be taken before such actions are allowed. The Justice Department has not provided immediate comments regarding this new policy. The memo was first reported by ABC News.
One employee within the Justice Department remarked that the memo appeared unexpectedly, being distributed without context and was characterized as “just out of the blue.” Recently, the department has also tightened restrictions on employees’ social media use, including prohibiting even the sharing of publicly available press releases.
A Justice Department employee expressed concern about the administration’s approach to the rule of law, stating, “I find it ironic that they claim a concern about the rule of law when all recent actions indicate a practice of ignoring the rule of law when convenient for the administration’s agenda. It’s clear that the administration is afraid of anyone finding out about what the government is doing.”
The policy previously in place, established by Attorney General Merrick Garland in 2021 and revised in 2022, was designed to enhance protections for journalists. At that time, Garland noted that freedom of the press is vital for news gathering and reporting, indicating that the new regulations aimed to shield journalists from certain law enforcement practices that could hinder their work.
While the Espionage Act of 1917 serves as a potential legal avenue for prosecuting journalists, it has never successfully led to the prosecution of a reporter for publishing classified information. Charges have been brought against federal employees and contractors for leaking information to journalists, but the precedent has generally avoided direct actions against members of the press.
Significantly, during the Obama administration, Fox News reporter James Rosen was identified as a co-conspirator in a leak investigation concerning North Korea, although he was not charged. This designation allowed the Justice Department to secretly access his emails and phone records.
The ongoing prosecution of WikiLeaks founder Julian Assange poses a significant risk to traditional journalistic protections, as he faces charges for the publication of classified military and diplomatic documents. Critics argue that such legal actions threaten to criminalize standard reporting practices related to national security.
More recently, several Defense Department officials were removed from their positions amid a probe into media leaks at the Pentagon, though they assert that they did not release classified information. Director of National Intelligence Tulsi Gabbard reported making two criminal referrals to the Justice Department regarding leaks within the intelligence community.
In light of the new memo, Seth Stern, Advocacy Director for the Freedom of the Press Foundation, criticized lawmakers who allowed the PRESS Act to languish. Though it passed the House, it failed to advance in the Senate and would have limited the federal government’s ability to compel journalists to reveal information except under strict circumstances. Stern remarked, “Everyone predicted this would happen in a second Trump administration, yet politicians in a position to prevent it prioritized empty rhetoric over putting up a meaningful fight.” He expressed concern that the legal system could be manipulated by a president who poses threats against journalists for protecting their sources and who seeks to enforce punitive measures against those who critique his administration.
Editor’s note: This article has been updated to include comment from the Freedom of the Press Foundation.
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