Bondi rescinds journalist protections amid focus on government leaks


Summary

Journalist protections

Attorney General Pam Bondi has rescinded a Biden-era policy that protected journalists from subpoenas. Her new policy restores DOJ authority to seek reporters' records in leak investigations.

Federal employees

The move follows a Trump memo targeting former federal employee Miles Taylor for alleged classified leaks.

Coming arrests?

Bondi’s directive labels such leaks “treasonous” and allows for seizures, arrests, and subpoenas, with safeguards for press freedom.


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Summary

Journalist protections

Attorney General Pam Bondi has rescinded a Biden-era policy that protected journalists from subpoenas. Her new policy restores DOJ authority to seek reporters' records in leak investigations.

Federal employees

The move follows a Trump memo targeting former federal employee Miles Taylor for alleged classified leaks.

Coming arrests?

Bondi’s directive labels such leaks “treasonous” and allows for seizures, arrests, and subpoenas, with safeguards for press freedom.


Full story

Attorney General Pam Bondi is rescinding a Biden-era policy protecting journalists from subpoenas, according to an internal memo obtained by Axios. The memo states that the U.S. government has suffered numerous leaks of sensitive and classified information to the media.

“This conduct is illegal and wrong, and it must stop,” Bondi said in the memo.

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Trump memo cites book leak

The decision comes after President Donald Trump signed a memo on April 9 detailing the case of Miles Taylor — a former federal service employee accused of illegally leaking classified information to sell his book.

“The perpetrators of these leaks aid our foreign adversaries by spilling sensitive and sometimes classified information onto the internet. The damage is significant and irreversible. Accountability, including criminal prosecutions, is necessary to set a new course,” Bondi’s memo states, calling the conduct “treasonous.”

Garland’s prior rule rolled back

Under the Biden administration, then-Attorney General Merrick Garland decided the Department of Justice would not seek reporters’ records or compel their testimony to identify administration leakers.

Bondi’s new policy demands that members of the news media answer subpoenas and cooperate with court orders and search warrants — if the DOJ approves the techniques while investigating government leaks.

“Members of the news media are presumptively entitled to advance notice of such investigative activities, subpoenas are to be narrowly drawn, and warrants must include protocols designed to limit the scope of intrusion into potentially protected materials or news gathering activities,” the memo states.

Seizures and arrests on the table

The DOJ could seize reporters’ phones, detain them for questioning or even arrest members of the news media.

The memo states that the attorney general will consider several factors when deciding if and when to use these techniques. They include whether the DOJ believes a crime has occurred and the information will lead to prosecution, whether prosecutors have tried all other avenues to obtain the information from other sources and whether the government has tried negotiating with the affected member of the media.

Press freedom advocates respond

In response to the new policy, Reporters Committee for Freedom of the Press President Bruce D. Brown released a statement.

“Some of the most consequential reporting in U.S. history — from Watergate to warrantless wiretapping after 9/11 — was and continues to be made possible because reporters have been able to protect the identities of confidential sources and uncover and report stories that matter to people across the political spectrum,” Brown said.

“Strong protections for journalists serve the American public by safeguarding the free flow of information,” he continued. “We’ll wait to see what the policy looks like, but we know reporters will still do their jobs, and there is no shortage of legal support to back them up.”

Leaks also reported at Pentagon, intelligence agency

Earlier during the week of April 20, Secretary of Defense Pete Hegseth said leakers want to destroy Trump’s agenda. Three of Hegseth’s former Pentagon aides were let go after information came to light that Hegseth used the Signal app to disclose sensitive U.S. military operations to his wife, brother and personal attorney.

Director of National Intelligence Tulsi Gabbard revealed on her official X account in March that her agency has suffered numerous leaks. She listed several examples, including accusing one person of leaking classified information to The Huffington Post and another of sharing information on Israel and Iran to The Washington Post, among others.

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Why this story matters

The recent decision by the Justice Department to rescind protections for journalists in leak investigations is significant as it marks a substantial shift in press freedom and governmental accountability during sensitive investigations.

Press freedom

Changes in policy regarding media subpoenas may threaten journalists' ability to safeguard confidential sources, which is crucial for investigative reporting.

Government transparency

The ability of the media to report on government actions is vital for ensuring accountability, and any crackdown on press freedoms could hinder this role.

Historical precedents

The legal precedents and historical context of media treatment in leak investigations demonstrate the importance of maintaining protections for journalists to ensure a healthy democracy.

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Context corner

Historically, the relationship between the Department of Justice and the media has been contentious, with various administrations taking differing stances on press freedoms. Prior policies, such as those initiated under Eric Holder during the Obama administration, significantly shaped the current landscape of media regulation and governmental transparency.

Diverging views

Articles from the center and left emphasize concerns about press freedom and the implications of the DOJ's renewed ability to subpoena journalists. In contrast, right-leaning articles underscore the importance of government integrity and the necessity to protect sensitive information, framing it as a response to potential unauthorized leaks.

Underreported

The deeper implications of this policy shift for investigative journalism and press freedoms may not be fully captured. While the backlash against the policy is noted, the potential chilling effect on reporting practices and journalists’ reliance on confidential sources deserves more attention.

Media landscape

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Key points from the Left

  • The Justice Department will now allow investigators to pursue communications from media outlets in leak investigations, overturning previous protections under the Biden administration.
  • Attorney General Pam Bondi stated that the previous administration gave media outlets too much protection, asserting, "This Justice Department will not tolerate unauthorized disclosures that undermine President Trump’s policies".
  • New regulations allow prosecutors to subpoena news organizations and compel journalists to testify about their sources, while emphasizing that subpoenas must be "narrowly drawn" and warrants must include "protocols designed to limit the scope of intrusion into potentially protected materials or newsgathering activities."
  • This policy shift comes amid complaints from the Trump administration about news stories revealing sensitive internal information.

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Key points from the Center

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Key points from the Right

  • Attorney General Pam Bondi announced that the Department of Justice will resume obtaining reporters' records during leak investigations.
  • The DOJ's new regulations allow subpoenas and search warrants for journalists' records, rescinding previous protections established by former Attorney General Merrick B. Garland.
  • Tulsi Gabbard referred intelligence officials to the DOJ for criminal prosecution over leaks to media outlets.
  • Bruce D. Brown emphasized the importance of reporter protections for public access to information.

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