Justice Department revokes Biden-era protections for reporters in leak investigations : NPR

The Justice Department on Friday revoked Biden-era policies providing protection to journalists in leaky investigations, opening a way for authorities to use dives again and force testimony from reporters on the probes that targeted the leak.

“Federal employees intentionally leak confidential information to the media undermines the Department of Justice’s ability to maintain the rule of law, protect civil rights, and maintain America’s security. This is illegal and wrong and must be stopped.” Obtained by NPR.

She said the DOJ policy allows subpoena, court orders and search warrants to obtain information and testimony from journalists. Such actions must be approved by the leadership of the DOJ and journalists must obtain prior notices of them. Actions should also be as narrow as possible to avoid interfering with news collection and “potentially protected material,” the memo says.

During the Biden administration, the Justice Department said it would not secretly seize reporters’ records to identify their sources when investigating leaks, except under limited and specific circumstances.

Bondi’s memo shows a sharp break with its policy, returning to a more aggressive approach to leak investigations used during President Trump’s first term and during President Barack Obama.

In the memo, the Attorney General cited a case of leaks under the Trump administration specifically. This includes news from Dan Caldwell, an advisor to Defense Secretary Pete Hegses, who shares information on information assessments about Venezuelan gangster Tren de Aragua, and on vacation.

Bondi said that independence of the press is important and the DOJ will defend “even though certain members of the legacy news media are not independent.” She writes that the department is trying to restrict the forced journalists to share information, seeking “enhanced approval” and “pre-approval procedures.”

“The Attorney General must also approve any effort to question or arrest members of TheW. [sic] News media,” she wrote.

Bruce Brown, president of the Press Reporters Committee, said protecting journalists would benefit not only reporters but also the American public more widely.

“From Watergate to Watergate after 9/11 to legitimate eavesdropping, some of the most consequential reports in US history remained possible as reporters were able to protect the identity of confidential sources and reveal and report important stories to people across the political spectrum,” Brown said in a statement.