In reversal, US Justice Department says media records can be seized in leak probes

Nevin Al Sukari - Sana'a - New regulations detailed in the Friday memo will allow prosecutors in criminal investigations to use subpoenas, court orders and search warrants to compel 'production of information and testimony by and relating to members of the news media.' — Reuters file pic

WASHINGTON, April 26 — The US Justice Department under President Donald Trump made it easier for prosecutors investigating leaks to the news media to subpoena records and testimony from journalists, according to a memo seen by Reuters yesterday that reversed a Biden-era policy.

New regulations detailed in the Friday memo will allow prosecutors in criminal investigations to use subpoenas, court orders and search warrants to compel “production of information and testimony by and relating to members of the news media,” the memo stated.

“Safeguarding classified, privileged and other sensitive information is essential to effective governance and law enforcement,” Attorney General Pam Bondi wrote in the memo.

A source familiar with the matter said the policy took effect immediately.

The Justice Department and White House did not immediately respond to requests for comment.

The directive reverses a policy the department implemented during Democratic President Joe Biden’s administration. That barred prosecutors from seizing reporters’ phone and email records in most circumstances.

The Biden administration’s policy followed criticism of the Justice Department for secretly subpoenaing records on reporters and congressional staff members as prosecutors pursued leaks of national security information during Trump’s first term from 2017 to 2021.

The department’s former policy, implemented under Attorney General Merrick Garland, barred the Justice Department from compelling records from reporters, unless the journalist was a suspect in a criminal investigation unrelated to newsgathering or they had obtained information through criminal methods.

Bondi said the Justice Department will employ “procedural protections” before demanding information from reporters, including giving advance notice to the journalists and requiring leadership approval in some situations, according to the memo.

She said subpoenas and search warrants related to journalists would be narrowly targeted and she would consider whether the information could be obtained another way.

“These procedural protections recognize that investigative techniques relating to newsgathering are an extraordinary measure to be deployed as a last resort when essential to a successful investigation or prosecution,” Bondi wrote in the memo.

“The Attorney General must also approve efforts to question or arrest members of the news media,” the memo said.

The new policy was first reported by ABC.

The Trump administration has taken an assertive approach in dealing with the news media, including restricting the Associated Press’s access to the White House over its decision to refer to the Gulf of Mexico and taking control of the White House pool, a function previously performed by the White House Correspondents’ Association.

“Some of the most consequential reporting in US 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,” said Bruce Brown, president of the Reporters Committee, an advocacy group for journalists, in a statement.

“Strong protections for journalists serve the American public by safeguarding the free flow of information.”

Deputy Attorney General Todd Blanche said last month that the department would investigate a leak of what he called classified intelligence information about a Venezuelan gang.

Defence Secretary Pete Hegseth this week warned of possible criminal prosecutions of former senior advisers who were fired following leak probes. — Reuters