The U.S. Justice Department, under President Donald Trump, has enacted new regulations that significantly expand the government’s ability to subpoena records and compel testimony from journalists in leak investigations, according to a memo obtained by Reuters on Friday.
This move effectively reverses a policy implemented during the Biden administration, sparking immediate concern from press freedom advocates.
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The memo, signed by Attorney General Pam Bondi, details that prosecutors in criminal investigations will now be permitted to utilize subpoenas, court orders, and search warrants to force “production of information and testimony by and relating to members of the news media.”
“Safeguarding classified, privileged and other sensitive information is essential to effective governance and law enforcement,” Bondi stated in the memo, according to ABC News.
This directive marks a stark departure from the policy enacted under former Attorney General Merrick Garland during President Joe Biden’s term.
The Biden-era policy was instituted following widespread criticism of the Justice Department’s secret subpoenaing of reporters’ phone and email records, as well as those of congressional staff.
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Under Garland’s policy, records from reporters were prohibited unless the journalist was a suspect in a criminal investigation unrelated to newsgathering or had obtained information through criminal means.
Bondi’s memo outlines “procedural protections” that the Justice Department will employ before demanding information from reporters. These include providing advance notice to journalists and requiring leadership approval in certain situations.
She emphasized that subpoenas and search warrants would be narrowly targeted, and the department would consider whether the information could be obtained through alternative methods.
“These procedural protections recognize that investigative techniques relating to newsgathering are an extraordinary measure to be deployed as a last resort when essential to a successful investigation or prosecution,” Bondi wrote.
The memo also states, “The Attorney General must also approve efforts to question or arrest members of the news media.”
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