The Justice Department has reversed a policy from the Biden administration that protected journalists during leak investigations. This change allows authorities to issue subpoenas and compel reporters to testify in cases involving leaks of sensitive information.
Attorney General Pam Bondi announced this shift in an internal memo, stating that leaking information undermines the Justice Department’s ability to uphold the law and protect civil rights. She emphasized that such actions are illegal and must stop. The memo outlines that the DOJ can now use subpoenas, court orders, and search warrants to obtain information from journalists, but these actions must be approved by DOJ leadership. Journalists will also receive advance notice, and the actions must be as limited as possible to avoid disrupting news gathering.
Under the Biden administration, the DOJ had committed to not secretly seizing reporters’ records, except in specific situations. Bondi’s memo signals a return to a more aggressive stance on leak investigations, similar to policies during President Trump’s first term and the Obama administration.
Bondi highlighted specific leaks from the Trump administration as justification for this policy change. She mentioned instances of classified information being shared about a Venezuelan gang and details regarding an advisor to Defense Secretary Pete Hegseth.
While Bondi acknowledged the importance of press independence, she also criticized certain members of the media, suggesting that the DOJ would still seek to limit the circumstances under which journalists are compelled to provide information. She stated that the Attorney General must approve any efforts to question or arrest journalists.
Bruce Brown, president of the Reporters Committee for Freedom of the Press, responded to the memo, pointing out that protections for journalists benefit not just the press but the public as well. He noted that significant reporting throughout U.S. history has relied on the ability of journalists to protect their sources and report on important issues.