DOJ Rescinds Biden-Era Limits on Seizing Journalists’ Records in Criminal Leak Probes

Attorney General Pam Bondi said the policy changes will restore the prosecutor’s ability to hold government leaks accountable.

The Justice Department has rescinded Biden-era policies that restricted the ability of prosecutors to limit the ability of prosecutors during the investigation into criminal leaks, according to a memo issued by Attorney General Pam Bondy on April 25th.

In the memo, Bondy said she is rolling back the policies introduced under her predecessor, Attorney General Merrick Garland. Merrick Garland banned news media members from seizing or persuasive testimony in leaking cases. Bondi claimed that the protections of the Biden era were abused to protect political allies and obstruct legitimate investigations.

“I have concluded that in order for the Department of Justice to identify and punish the cause of inappropriate leaks, it is necessary to withdraw Merrick Garland’s policy that prevents the Department from seeking records and persuasive testimony,” writes Bondy. She directed the Legal Policy Office to issue a new regulatory language that updates current laws to reflect changes.

Garland’s reforms prevented federal prosecutors from using mandatory legal tools such as subpoena and search warrants, and obtained information from reporters engaged in news investigations, except under narrowly defined circumstances. At the time, Garland explained that in an October 2022 statement, these regulations were necessary to protect freedom of the press, saying that they “recognize the important role that free and independent reporting plays in our democracy.”

The shift outlined in Bondi’s memo shows a rollback of restrictions that have been welcomed by supporters of freedom of the press. Bondi said the new approach will continue to respect press freedom, reaffirming the government’s authority to combat leaks.

“It is a bedrock principle that free and independent press is essential to the functioning of our democracy,” writes Bondy. “The Department of Justice defends the principles of certain members of the legacy news media, despite the fact that they are not independent.”

In response to Bondi’s announcement, Reporter Committee Chairman Bruce D. Brown issued a statement that although the specific language of the new policy has not yet been announced, development raises concerns about freedom of the press.

“From Watergate to legitimate eavesdropping since 9/11, some of the most consequential reports in US history remained possible as reporters were able to protect the identity of confidential sources and uncover and report important stories to people on the political spectrum. “The strong protection of journalists serves the American people by protecting the free flow of information.”

Bondi’s memo shows that under the new policy, subpoena, court orders and search warrants must meet strict procedural safeguards, including high levels of approval and advance notice, where possible. The Attorney General must also personally approve any efforts to question or arrest media members.

Under the revised rules, the prosecutor must show that there is a reasonable basis for believing that the crime occurred, that the information sought is essential, that alternatives have been exhausted and that good negotiations have been attempted if necessary.

However, Bondi revealed that the DOJ would be more proactive in pursuing leaky investigations, saying that unfair disclosures would cause “significant and irreversible” harm to national security and government operations.

“The act can be characterized as appropriately rebellious,” she wrote, “slamming government officials for leaking sensitive information that attempted to embrace confusion and mistrust.