CNN
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The Justice Department will again allow federal investigators to pursue communications from media outlets in the course of government leak investigations, rescinding a Biden-era policy, according to a memo from Attorney General Pam Bondi obtained by CNN.
The memo comes at a time of fresh hostility from the White House toward news organizations President Donald Trump dislikes and may reflect a renewed interest in the Trump administration for investigating and prosecuting officials who leak documents or speak to the media.
Bondi accused the previous administration of giving media outlets too much protection and selective leaking.
“Safeguarding classified, privileged, and other sensitive information is essential to effective government and law enforcement,” Bondi wrote. “This Justice Department will not tolerate unauthorized disclosures that undermine President Trump’s policies, victimize government agencies, and cause harm to the American people.”
In the first Trump administration, several perceived foes of Trump faced inquiries about their handling of national security information –and leaks to the press fueled several scandals at the time.
A policy change from Attorney General Merrick Garland came after several major news outlets, including CNN, had some of their internal communications secretly pursued at the end of the Trump administration. The Justice Department coupled those seizures from news outlets with gag orders on the news organizations’ top leadership or lawyers, so even the journalists themselves didn’t know their records were being collected.
The Garland policy was widely considered a win for the protection of the free press.
Bondi, in her Justice Department-wide memo on Friday, said that federal law enforcement will continue to “employ procedural protections to limit” the seeking of news organization records. In the past, higher-level Justice Department officials had to sign off on the approaches.
“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,” the Bondi memo said.
The Reporters Committee for Freedom of the Press, a leading First Amendment advocacy organization, reiterated following Bondi’s announcement that journalistic work that relies on confidential sources should be protected.
“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,” Bruce Brown, the Reporters Committee president, said in a statement.
“Strong protections for journalists serve the American public by safeguarding the free flow of information,” Brown added.
This story has been updated with additional details.
