DOJ Reverses Biden Administration Restrictions on Seizing Journalists’ Records in Criminal Leak Investigations
Attorney General Pam Bondi stated that the change in policy will enable prosecutors to hold accountable those who leak government information.
The Justice Department has overturned a Biden-era policy that restricted prosecutors’ ability to access journalists’ records during criminal leak investigations, as detailed in a memo released on April 25 by Attorney General Pam Bondi.
“Undoubtedly, a free and independent press is foundational to the operation of our democracy,” Bondi wrote. “The Department of Justice will uphold that principle, even amid the perceived lack of independence of certain members of the mainstream media.”
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“Some of the most significant reporting in U.S. history—from Watergate to warrantless wiretapping after 9/11—has depended on reporters’ ability to safeguard the identities of confidential sources and report on critical issues that resonate with people across the political spectrum,” Brown remarked. “Robust protections for journalists benefit the American public by ensuring a free flow of information.”
Bondi’s memo suggests that under the new policy, subpoenas, court orders, and search warrants aimed at journalists will still require strict procedural safeguards, including high-level authorization and advance notice whenever possible. Additionally, the attorney general will need to personally approve any attempts to question or detain media personnel.
According to the revised guidelines, prosecutors will also have to demonstrate reasonable grounds to believe that a crime has occurred, show that the requested information is essential, confirm that all alternatives have been exhausted, and establish that good-faith negotiations have been undertaken where appropriate.
However, Bondi emphasized that the DOJ will intensify efforts to investigate leaks, asserting that unauthorized disclosures inflict “significant and irreversible” damage to national security and government operations.
“This behavior could be seen as treasonous,” she stated, accusing government officials who leak sensitive information of trying to “create chaos and distrust.”
