On April 25th, the Department of Justice killed a Biden-era policy that protected journalists in investigations surrounding leaks, allowing authorities to once again use subpoenas and compel testimony from reporters in probes targeted at leakers.
In an internal memo, Attorney General Pam Bondi stated: “Federal government employees intentionally leaking sensitive information to the media undermines the ability of the Department of Justice to uphold the rule of law, protect civil rights, and keep America safe. This conduct is illegal and wrong, and it must stop.”
Bondi went on to say that the new policy allows subpoenas, court orders, and search warrants to extract information and testimonies from journalists. DOJ leadership must first approve of these actions, and the journalists must be informed ahead of time. They’re also required to be as narrow as possible to avoid interfering with news gathering or “potentially protected materials.”
Under the Biden administration, the DOJ said it would no longer be secretly seizing records from reporters to identify their sources in leak investigations, except in very limited situations. Bondi’s memo marks the end of that policy, with the DOJ returning to its aggressive approach toward leaks seen with the Obama and Trump administrations.
Bondi has said that press independence is important and the DOJ would defend it, “despite the lack of independence of certain members of the legacy news media.” She wrote that the department will try to limit forcing the journalists to share their information by seeking “enhanced approval” and “advance-notice procedures.” “The Attorney General must also approve efforts to question or arrest members of thew [sic] news media.”
