Justice Dept. to Resume Seizure of Reporters’ Records in Leak Investigations

WASHINGTON (AP) — The Justice Department is taking strict measures against unauthorized disclosures of information to the press. Attorney General Pam Bondi stating that prosecutors will regain the power to employ subpoenas, court orders, and search warrants to seek out government employees involved in "unauthorized leaks" to reporters.

The new rules introduced by Bondi, as outlined in a memo acquired by The Associated Press on Friday, overturn a policy implemented under the Biden administration aimed at protecting journalists From having their call logs covertly confiscated amid leaks inquiries — a practice widely condemned by media outlets and advocates for journalistic freedoms.

The new regulations assert that news organizations must respond to subpoenas “when authorized at the appropriate level of the Department of Justice” and also allow for prosecutors to use court orders and search warrants to “compel production of information and testimony by and relating to the news media.”

The memo says members of the press are “presumptively entitled to advance notice of such investigative activities,” and subpoenas are to be “narrowly drawn.” Warrants must also include "protocols designed to limit the scope of intrusion into potentially protected materials or newsgathering activities,” the memo states.

“The Justice Department will not tolerate unauthorized disclosures that undermine President Trump's policies, victimize government agencies, and cause harm to the American people,” Bondi wrote.

According to the updated guidelines, prior to employing invasive methods targeting the press, the attorney general must assess if there’s sufficient evidence suggesting a criminal act has occurred and confirm that the sought-after information is essential for legal proceedings. Additionally, it needs to be determined whether investigators have initially tried obtaining the data through alternate means and if the authorities have attempted discussions with the involved journalist or media outlet beforehand.

The regulations arise as the Trump administration has raised concerns over several news articles that have revealed insights into internal deliberations, intelligence evaluations, and behind-the-scenes processes. actions taken by notable figures like Defense Secretary Pete Hegseth Tulsi Gabbard, who serves as the director of national intelligence, stated this week that she has submitted three "criminal" referrals to the Justice Department concerning intelligence community leaks to the press.

The change in policy also occurs as the upper echelons of the Trump administration face ongoing examination due to their failures in protecting classified information. Notably, national security advisor Michael Waltz has been under scrutiny. revealed last month to have accidentally included a journalist in a group text through the Signal encrypted messaging service, where high-ranking officials were discussing strategies to target the Houthis. Hegseth has confronted his personal tide of disclosures Regarding his usage of Signal, this includes a conversation involving his wife and brother, along with several others.

Bruce Brown, from the Reporters Committee for Freedom of the Press, stated in an official release that "robust safeguards for journalists benefit the American people by ensuring the unrestricted dissemination of information."

"Some of the most significant journalism in U.S. history—such as the coverage of Watergate and the post-9/11 warrantless surveillance—has been achievable due to journalists protecting the anonymity of their confidential sources. This has enabled them to reveal and disseminate crucial information that impacts individuals regardless of where they stand politically," he stated.

The policy being repealed by Bondi was established by then-Attorney General Merrick Garland following disclosures that Justice Department personnel informed journalists from three media outlets — The Washington Post, CNN, and The New York Times — about their telephone records having been accessed during the last year of the Trump administration.

The recent rules introduced by Garland represented a dramatic shift away from the long-standing practice of seizing phone records, which had continued through several presidential terms. During his tenure as Attorney General under President Obama, Eric Holder was involved with this policy. The Associated Press was alerted in 2013 it had covertly acquired two months' worth of telephone records from journalists and editorial staff, described by the chief executive of the news cooperative as an "extensive and unparalleled breach" of journalistic endeavors.

Following the backlash, Holder introduced updated guidelines for leak probes, mandating that approval from the top echelons of the department would be necessary before issuing subpoenas for journalists' records.

But the department preserved its prerogative to seize journalists’ records, and the recent disclosures to the news media organizations show that the practice continued in the Trump Justice Department as part of multiple investigations.

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