 |
| DOJ Reverses Biden-Era Ban on Subpoenaing Journalists |
Attorney General Pam Bondi announced Friday that the Department of Justice will once again pursue reporters' phone records in efforts to track down leakers.
Why it matters: This marks a full reversal of the restrictions set by former President Biden and then-Attorney General Merrick Garland, who barred such subpoenas targeting journalists' newsgathering activities.
"This kind of leaking is both illegal and unacceptable, and it has to stop," Bondi wrote in an internal DOJ memo obtained by Axios.
She explained, "I have decided to revoke Merrick Garland’s policy that prevented the Justice Department from seeking records or compelling testimony from the press to find and punish those behind unauthorized disclosures."
The big picture: Bondi’s policy change comes as her department prepares to investigate three individuals referred for leaking by National Intelligence Director Tulsi Gabbard.
“A member of the intelligence community has been leaking info about Israel and Iran to the Washington Post,” Gabbard posted on X last month. She hasn’t disclosed which articles or reporters are under scrutiny.
The intrigue: The Defense Department has faced a series of damaging leaks, including reports that portray Defense Secretary Pete Hegseth as insecure, image-obsessed, and careless with classified materials.
CBS also revealed that Hegseth had a makeup studio built inside the Pentagon. So far, four Pentagon officials have either been dismissed or resigned during this period. All have denied any wrongdoing.
What they're saying: Bondi stated that under her revised policy, “journalists must comply with subpoenas” when they are properly authorized within the DOJ.
She noted that media outlets will be notified in advance and that any subpoenas issued will be “narrow and specific in scope.”
Bondi added that warrants for journalist materials must include protections to minimize intrusions into legitimate reporting work.
What to watch: Bondi emphasized that subpoenas will only be considered when there is “reasonable belief a crime occurred and the information is critical for prosecution.”
She also said that prosecutors must exhaust all alternative options and engage in extended negotiations with reporters before pursuing legal action. She added that national security threats could warrant exceptions to these procedures.
