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| Justice Department Ends Biden-Era Journalist Protections in Leak Cases |
The U.S. Justice Department has ended a policy from the Biden administration that protected journalists during investigations into government leaks. The change allows authorities to once again use subpoenas and require reporters to testify in cases involving leaked information.
Attorney General Pam Bondi announced the decision in a memo sent on Friday, which was obtained by NPR. She stated that government employees who leak sensitive information damage the Justice Department’s work and threaten national safety. "This conduct is illegal and wrong, and it must stop," Bondi wrote.
The new policy allows the department to use legal tools like subpoenas, court orders, and search warrants to get information or testimony from journalists. However, these actions must be approved by top DOJ officials, and journalists must be notified ahead of time. The memo also says such actions must be limited to avoid interfering with news reporting.
Under the Biden administration, the DOJ had said it would not secretly seize journalists’ records to find out their sources, except in rare situations.
Bondi’s memo signals a return to a more aggressive approach, similar to policies used during the Trump and Obama administrations when handling leak investigations.
She pointed to examples from the Trump years, including leaks about intelligence on the Venezuelan gang Tren de Aragua and details about a Defense Department adviser being placed on leave.
While Bondi acknowledged the importance of press freedom, she criticized what she called the lack of independence in some traditional media outlets. Still, she said the DOJ would try to limit how often it forces journalists to give up information by requiring extra approval and advance notice.
She added that the Attorney General must personally approve any effort to question or arrest a journalist.
Bruce Brown, head of the Reporters Committee for Freedom of the Press, said journalist protections are vital not just for reporters, but for the public. He pointed out that major stories—like the Watergate scandal and reporting on secret surveillance after 9/11—were possible because journalists could protect their sources.
