Justice Department Rolls Back Media Protections in Leak Probes

Justice Department Rolls Back Media Protections in Leak Probes \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ The Justice Department under Attorney General Pam Bondi has issued new regulations allowing subpoenas, search warrants, and compelled testimony from journalists during leak investigations. This policy reverses protections established under the Biden administration. Press freedom advocates warn the move threatens critical journalism and government transparency.

Quick Looks

• DOJ issues new regulations targeting leak investigations involving journalists
• Subpoenas, search warrants, and compelled testimony now authorized
• Bondi rescinds Biden-era protections for press phone records
• New rules require notice to journalists but allow broad investigations
• Press freedom groups warn of chilling effects on journalism
• Trump administration officials call leaks a major threat
• Leak referrals sent to DOJ involving high-profile disclosures
• DOJ returns to more aggressive tactics used under Obama administration
• Warrants must include protocols limiting intrusion into newsgathering activities
• Critics say the move undermines media independence and government accountability

Deep Look

In a sweeping shift of policy, the U.S. Department of Justice has announced new rules that will empower federal prosecutors to subpoena news organizations, serve search warrants, and compel journalists to testify about confidential sources during leak investigations. The move, outlined in a memo from Attorney General Pam Bondi obtained by The Associated Press, rescinds protections established by the Biden administration and marks a significant escalation in the government’s stance toward the media.

The memo declares that news organizations must comply with subpoenas “authorized at the appropriate level” of DOJ leadership and formalizes procedures allowing court orders to demand the production of information and testimony from journalists.

“The Justice Department will not tolerate unauthorized disclosures that undermine President Trump’s policies, victimize government agencies, and cause harm to the American people,” Bondi wrote.

While the regulations state that journalists are “presumptively entitled to advance notice” of investigative activities, advocates fear the new rules open the door to broader surveillance and increased pressure on reporters to reveal confidential sources.

What’s Changing: Biden-Era Protections Rescinded

The previous policy, instituted by former Attorney General Merrick Garland in 2021, emerged after explosive revelations that reporters at The Washington Post, CNN, and The New York Times had been secretly notified that their phone records had been seized during the final year of Trump’s previous administration.

Garland’s rules were seen as a major victory for press freedom advocates. They barred the DOJ from seizing journalists’ data in most circumstances, emphasizing a strong commitment to safeguarding the independence of the press.

Now, Bondi’s new guidelines roll back those safeguards, aligning the Justice Department’s posture more closely with policies used under prior administrations — including those of Barack Obama and George W. Bush — where leak investigations often targeted reporters’ communications.

Subpoenas, Warrants, and Journalist Testimony

Under the updated regulations:

• Subpoenas can be issued to journalists once authorized by DOJ leadership.
• Search warrants can be served to collect emails, notes, and phone records.
• Compelled testimony can be sought to force journalists to identify sources.
• Investigations must attempt to minimize intrusion but can proceed if prosecutors believe leaks threaten national security or government operations.

The memo attempts to balance investigative authority with press sensitivities by requiring that warrants include “protocols designed to limit intrusion” and that subpoenas be “narrowly drawn.” Still, the return to an aggressive posture sends shockwaves through journalistic circles.

Why the Shift? Internal Tensions and Leak Crackdowns

The crackdown follows growing frustration within the Trump administration over a series of leaks exposing internal decision-making, classified intelligence assessments, and activities involving key officials like Defense Secretary Pete Hegseth.

Director of National Intelligence Tulsi Gabbard said this week that she had made three referrals to the DOJ over recent leaks, citing the need to protect national security.

Bondi’s memo reflects the administration’s broader strategy of tightening control over information flows, viewing unauthorized disclosures as acts of sabotage rather than whistleblowing.

Broader Historical Context: Not a First, but a Shift

This is not the first time the DOJ has targeted journalists in leak probes. Under Eric Holder’s leadership during the Obama administration, the department seized Associated Press phone records in 2013, drawing fierce backlash and leading to new internal guidelines that required senior-level approval before pursuing press records.

However, even those reforms preserved the government’s ability to subpoena journalists when national security was invoked — a practice that continued, albeit more quietly, into Trump’s first term.

Bondi’s new rules formalize and expand this approach, openly signaling a willingness to pursue aggressive measures against reporters suspected of receiving leaked information.

Press Freedom Advocates Respond

Groups like the Reporters Committee for Freedom of the Press and PEN America warned that the new policies threaten the foundational role of journalism in holding power accountable.

“This aggressive posture risks chilling investigative reporting precisely when public oversight is most critical,” said Bruce Brown, executive director of the Reporters Committee.

Journalists rely on confidential sources to expose government abuses, corruption, and failures — and fear that forcing disclosure of sources will severely undermine their ability to inform the public.

In an era already marked by widespread accusations of “fake news” and hostility toward journalists, critics argue that the new DOJ regulations send a dangerous message that could have a chilling effect across American media.

The Road Ahead: Tension Between Security and Transparency

As the Justice Department retools its approach, the battle over press freedom versus national security is set to intensify.

Will courts uphold subpoenas forcing journalists to reveal sources?
Will public trust erode further if the government targets reporters?
Can legitimate leak investigations be balanced against the vital need for independent journalism?

These questions now loom large as the administration marches forward with a policy that many fear will reshape the relationship between government, the media, and the American public for years to come.

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