Washington — The Justice Department on Friday reversed a Biden administration policy that prevented federal officials from seeking journalists’ records and compelling their testimony in leak investigations.
Attorney General Pam Bondi indicated that reporters’ records could be subpoenaed for reasons broader than unauthorized disclosures of classified information, according to an internal memo obtained by CBS News. Bondi said the reversal was necessary for “safeguarding classified, privileged, and other sensitive information.” The memo also decried leaks that “undermine” President Trump’s agenda.
“This Justice Department will not tolerate unauthorized disclosures that undermine President Trump’s policies, victimize government agencies, and cause harm to the American people,” Bondi said.
“This conduct is illegal and wrong, and it must stop,” she said.
Bondi said she supports a free and independent press and the Justice Department would only subpoena reporters’ records as a last resort. Under the new rules outlined in the memo, subpoenaed journalists are entitled to advance notice, subpoenas are to be “narrowly drawn” and warrants should “limit the scope of intrusion into potentially protected materials or newsgathering activities.” Bondi said she must approve all efforts to question or arrest journalists.
During the Trump administration, prosecutors obtained the phone records of journalists at CNN, The New York Times and The Washington Post as part of leak investigations, all three outlets reported in 2021, citing disclosures from the Biden-era Department of Justice.
In 2022, attorney general Merrick Garland issued regulations that restricted federal prosecutors from seizing reporters’ communications records, except in rare cases.
contributed to this report.
