Search Warrants, Subpoenas Can Be Used Again Against Leaks

Rolling back Biden-era protections for journalists, the Justice Department is acting to give prosecutors the power to track down government leaks by using subpoenas, court orders, and search warrants against officials. Attorney General Pam Bondi told the department of the new policy in a memo the AP obtained on Friday. The Biden administration policy being rescinded safeguards journalists from having their phone records secretly seized during leak investigations. Such seizures have long been denounced by news organizations and groups advocating press freedoms.

"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. At the moment, news organizations are required to respond to subpoenas when approved at the appropriate Department of Justice level. The new regulations also allow prosecutors to use court orders and search warrants "to compel production of information and testimony by and relating to the news media."

Before such steps against journalists are taken, per the AP:

• The attorney general is supposed to decide whether there is reasonable basis to believe a crime was committed and that the information is necessary for a prosecution.
• Prosecutors must first try to get the information from alternative sources and pursue negotiations with the journalist affected.
• Journalists should be informed ahead of time that an investigation has begun, if possible.
• Warrants are to be "narrowly drawn" and include protocols to limit government intrusion.

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"Strong protections for journalists serve the American public by safeguarding the free flow of information," responded Bruce Brown of the Reporters Committee for Freedom of the Press in 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." The Trump administration has decried leaks exposing its internal decision-making, intelligence assessments, and the activities of top officials, including Defense Secretary Pete Hegseth.

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