With national security-related leaks becoming a subject of significant concern in recent weeks, the Department of Justice is now taking steps to ensure a thorough investigation and potential legal consequences for those responsible.
As NPR reports, it was revealed on Friday that Attorney General Pam Bondi rescinded Biden-era protections for journalists who hide records or decline testimony related to individuals who are the subjects of criminal probes, a move sure to please President Donald Trump, who has routinely faced fallout from internal leaks.
The change in policy was outlined in a memo from Bondi dated Friday, a communication in which the AG noted, “Safeguarding classified, privileged, and other sensitive information is essential to effective governance and law enforcement.”
Bondi continued, “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 emphatically declared.
The AG then stated, “Therefore, I have concluded that it is necessary to rescind [former Attorney General] Merrick Garland's policies precluding the Department of Justice from seeking records and compelling testimony from members of the news media in order to identify and punish the source of improper leaks.”
Notably, Bondi emphasized that “it is a bedrock principle that a free and independent press is vital to the functioning of our democracy” and assured that the “Department of Justice will defend that principle, despite the lack of independence of certain members of the legacy news media,” adding her recognition that “investigative techniques related to newsgathering are an extraordinary measure to be deployed as a last resort when essential to a successful investigation or prosecution.”
As detailed in Bondi's memo, a host of adjustments to Biden-era policies are now poised for implementation, including a requirement that news media “must answer subpoenas” when they are authorized at the appropriate level at the DOJ.
“Specifically, the policy contemplates the use of subpoenas, court orders, and search warrants to compel production of information and testimony by and relating to members of the news media,” the AG noted.
With that said, Bondi added, “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 newsgathering activities.”
In assessing whether the aforementioned techniques are advisable in a given case, the AG will examine factors such as the existence of reasonable grounds to believe a crime has been committed and that the information at issue is crucial to the prosecution and whether prosecutors have made all reasonable efforts to secure the information at issue via alternative means.
Further, the AG will assess “whether, absent a threat to national security, the integrity of the investigation, or bodily harm, the government has pursued negotiations with the affected member of the news media.”
Amid Friday's announcement, Bruce Brown, who leads the Reporters Committee for the Freedom of the Press underscored his belief that reporter protections are vital not just for members of the media but for the entire American public, saying, “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.”
Then, striking a slightly more defiant tone, Brown added, “We'll wait to see what the policy looks like, but we know reporters will still do their jobs, and there is not shortage of legal support to back them up,” seemingly hinting at potential battles ahead with Bondi's DOJ.
