DOJ ends Biden-era policy against subpoenaing journalists
DOJ reverses Biden-era policy against subpoenaing reporters Attorney General Pam Bondi announced Friday she is reinstating the practice of trying to seize reporters’ phone records in an effort to catch leakers.
Why it matters: It is a full reversal of the policy that former President Biden and former Attorney General Merrick Garland established limiting subpoenas of reporters’ news-gathering materials.
“This behavior is unlawful and inappropriate, and it has to end,” Bondi, alluding to recent administration leaks, wrote in an internal memo provided to Axios.
“I have determined that it is essential to reverse Merrick Garland’s policies barring the Department of Justice from seeking records and requiring testimony from members of the news media in order to find and punish the source of unauthorized leaks,” she wrote.
The larger perspective: Bondi’s announcement was made as her office is on the verge of investigating at least three suspected leakers referred on Wednesday by National Intelligence Director Tulsi Gabbard.
The drama: The Defense Department has been rocked by a string of embarrassing leaks, including reports depicting Defense Secretary Pete Hegseth as paranoid, vain, and sloppy with confidential information.
CBS also reported the former Fox talker had a makeup studio fitted out at the Pentagon.
Four individuals have been dismissed or resigned from the Pentagon due to the scandal during Hegseth’s tenure. They have not admitted to doing anything wrong.
What they’re saying: Bondi stated that, according to her new guidelines, “the news media ‘must answer subpoenas’ when authorized at the appropriate level within the Department of Justice.”
She stated that the subpoenaed news media are to receive advance notice and that the subpoenas will be “narrowly drawn.”
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Bondi also wrote that any warrants for journalists’ materials “must include protocols intended to restrict the scope of intrusion into potentially protected material or newsgathering activity.”
What to watch: Bondi said that, in deciding whether to issue a subpoena, she will attempt to identify where there are “reasonable grounds to believe that a crime has been committed and the information sought is crucial to a successful prosecution.”
She also indicated that a subpoena would only happen after prosecutors have made “all reasonable efforts to get information from other sources” and tried prolonged negotiations with the journalist.
Threats to national security, she hinted, would provide some exceptions to these policies.
Justice Dept. Policy Now Allows Pursuit of Reporters’ Records in Leak Inquiries
Justice Dept. Policy Now Permits Going After Reporters’ Records in Leak Investigations A new memo states that investigations may be initiated not only for the leaking of classified information, but where disclosures “undermine” Trump administration policy.
Attorney General Pam Bondi on Friday indicated that federal officials can again pursue journalists’ phone records and force their testimony in leak probes, rolling back a Biden administration policy intended to shield journalism from aggressive attempts to identify and prosecute leakers.
A confidential Justice Department memo written by Ms. Bondi stated that the shift was necessary to protect “classified, privileged and other sensitive information” — a much more extensive collection of government secrets than are shielded by the criminal code, which is mostly designed to make it illegal to give out classified information.
Since his first days at the White House in 2017, President Trump has loudly lamented all kinds of leaks. Mr. Trump himself was criminally indicted on charges of improperly handling classified material after leaving the White House, a case eventually dismissed.
With Mr. Trump’s aggressive style toward the media, First Amendment groups had long anticipated that his administration would roll back Biden-era protections for reporters. Yet the imprecise language of the new memo sometimes seemed to demand more than a simple reversal of previous policy.
Trump DOJ rescinds Biden-era protections for news media
Trump DOJ undoes Biden-era protections for news organizations The Justice Department has undone a policy implemented during the Biden administration that restricted prosecutors from seizing reporters’ records in criminal investigations, pursuant to an internal memo that ABC News has obtained.
The move may be the first indication of a broader effort by Trump-named officials to vigorously pursue leaks coming from within the administration and prosecute journalists outright for their reporting.
It was initially unclear if the impending policy change was a function of any then-pending continuing investigation being currently pursued by the Trump Justice Department. But Attorney General Pam Bondi referenced in her memo recalling the policy recently reported alleged leaks of potentially classified information to The New York Times.
“Federal government officials knowingly releasing sensitive information to the press undermines the Department of Justice’s capability to enforce the rule of law, defend civil rights, and keep America safe.”.
This action is illegal and wrong, and it must stop,” Bondi said. “So I have concluded that we must reverse (former Attorney General) Merrick Garland’s policies barring the Department of Justice from seeking records and compelling testimony from members of the news media in an attempt to identify and punish the source of unauthorized disclosures.”
Bondi announced she has directed the DOJ’s Office of Legal Policy to issue new language that the department “will continue to employ procedural safeguards to limit the use of compulsory legal process to obtain information from or records of members of the news media, which include heightened approval and advance-notice procedures.”
“These procedural protections recognize investigative techniques involving newsgathering are an unusual tool to be employed as a last resort when needed to a successful investigation or prosecution,” Bondi stated.
The 2022 policy under the Biden administration was finalized after weeks of negotiations between news organizations and Justice Department executives under Garland. It restricted prosecutors from forcing the utilization of “compulsory process” such as search warrants or subpoenas or other court orders to force journalists’ records with very limited exceptions.
It was enacted after the department revealed several instances in the previous Trump administration when prosecutors obtained records secretly from several journalists at The New York Times, The Washington Post and CNN as part of criminal leak investigations.
“Because freedom of the press requires that members of the news media be free to report and gather the news, the new guidelines are intended to provide more protection to members of the news media from certain law enforcement practices and activities that could unjustifiably restrain news gathering,” Garland said in a press release announcing the revised media guidelines.
The last month witnessed Deputy Attorney General Todd Blanche announcing the opening of a criminal investigation into the leak of an intelligence document being carried by The New York Times about the Tren de Aragua gang, which he had described as “inaccurate, but nonetheless classified.”
Department of Homeland Security Secretary Kristi Noem also said that her department and the FBI are pursuing criminal charges against officials who she said have revealed details about pending deportation operations to members of the press.
Prior to his confirmation as FBI director, Kash Patel said in several media appearances that the Trump administration would “come after” reporters who reported on President Donald Trump’s defeat in the 2020 election.
“We’re going to pursue the media individuals who lied to American citizens, who helped Joe Biden steal presidential elections,” Patel asserted in a 2023 podcast interview with Steve Bannon. “Criminally or civilly, we’ll figure that out.”
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The policy shift comes as DOJ and FBI management have downplayed recent reports of top Trump officials discussing sensitive information about military operations in Yemen through encrypted messaging app Signal that national security experts argue likely included classified material which otherwise would have triggered some federal investigation.
FAQ:
What happened?
The U.S. Department of Justice (DOJ) has rescinded a policy from the Biden administration that discouraged subpoenaing journalists in leak investigations. This change allows federal prosecutors to more easily compel reporters to disclose confidential sources.
What was the old policy?
In 2021, the Biden DOJ established guidelines limiting the use of subpoenas, court orders, or warrants against journalists conducting newsgathering activities, except in rare circumstances. This was meant to protect press freedom and prevent government overreach.
Why did the DOJ reverse this policy?
The DOJ has not provided a detailed explanation, but the move aligns with broader efforts to tighten control over classified information leaks. Critics argue it could lead to increased legal pressure on journalists and their sources.
How does this affect journalists?
Reporters investigating government matters—especially involving national security—may face greater legal risks, including demands to reveal confidential sources or hand over records.
Has the DOJ used subpoenas against journalists before?
Yes, prior administrations (both Democratic and Republican) have pursued journalists in leak cases, though the Biden policy aimed to curb this practice.
What are the concerns?
Press freedom advocates warn this could chill investigative journalism by making sources afraid to speak anonymously. Legal experts say subpoenas should remain a last resort to balance law enforcement needs with First Amendment rights.
Where can I find more details?
Check official DOJ statements or trusted news sources like The New York Times, Reuters, or The Washington Post for updates.
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