Attorney General Pam Bondi in a sharp policy shift on Friday announced that the Department of Justice (DOJ) will now allow federal authorities to pursue reporters’ phone records and compel their testimony in leak-related investigations—reversing a rule implemented during the Biden administration aimed at safeguarding press freedoms .
The decision, outlined in an internal DOJ memo, removes restrictions introduced by former Attorney General Merrick Garland in 2022 that largely shielded journalists from being compelled to disclose sources during newsgathering. Bondi argued the change was necessary to prevent the misuse of media protections and to better secure classified and sensitive information.
“This conduct is illegal and wrong, and it must stop,” Bondi wrote in the memo, referring to federal employees leaking sensitive material to the press. “Therefore, I have concluded that it is necessary to rescind Merrick Garland's policies precluding the Department of Justice from seeking records and compelling testimony from members of the news media in order to identify and punish the source of improper leaks.”
The memo stressed that such investigative measures should remain "an extraordinary measure to be deployed as a last resort when essential to a successful investigation or prosecution." However, Bondi criticised the previous policy as having been abused, claiming some officials used “media allies” for politically motivated leaks that left prosecutors unable to access vital electronic records.
The updated guidelines also come amid ongoing criminal referrals. Earlier this week, Director of National Intelligence Tulsi Gabbard referred two intelligence professionals for prosecution over alleged leaks to The Washington Post and The New York Times. A third referral is reportedly forthcoming.
While the new DOJ stance signals a broader approach than just cases involving classified information, it does retain some procedural safeguards. Prosecutors, according to the memo, must determine whether “reasonable grounds” exist to believe a crime occurred and whether the information is essential to a successful prosecution. They must also explore alternative means to obtain the data and consider negotiations with journalists unless national security or investigative integrity is at stake.
Bondi added that the DOJ “will not tolerate unauthorized disclosures that undermine President Trump's policies, victimize government agencies, and cause harm to the American people.”
Press freedom advocates swiftly responded to the policy shift. Bruce D. Brown, president of the Reporters Committee for Freedom of the Press, noted that confidential sources have played a critical role in historic journalism.
“Strong protections for journalists serve the American public by safeguarding the free flow of information,” Brown said. While he acknowledged the policy's language had not yet been made fully public, he added, “We’ll wait to see what the policy looks like, but we know reporters will still do their jobs, and there is no shortage of legal support to back them up.”
The Office of Legal Policy is currently working on formal revisions to DOJ regulations to reflect the rollback of Garland's protections.
The decision, outlined in an internal DOJ memo, removes restrictions introduced by former Attorney General Merrick Garland in 2022 that largely shielded journalists from being compelled to disclose sources during newsgathering. Bondi argued the change was necessary to prevent the misuse of media protections and to better secure classified and sensitive information.
“This conduct is illegal and wrong, and it must stop,” Bondi wrote in the memo, referring to federal employees leaking sensitive material to the press. “Therefore, I have concluded that it is necessary to rescind Merrick Garland's policies precluding the Department of Justice from seeking records and compelling testimony from members of the news media in order to identify and punish the source of improper leaks.”
The memo stressed that such investigative measures should remain "an extraordinary measure to be deployed as a last resort when essential to a successful investigation or prosecution." However, Bondi criticised the previous policy as having been abused, claiming some officials used “media allies” for politically motivated leaks that left prosecutors unable to access vital electronic records.
The updated guidelines also come amid ongoing criminal referrals. Earlier this week, Director of National Intelligence Tulsi Gabbard referred two intelligence professionals for prosecution over alleged leaks to The Washington Post and The New York Times. A third referral is reportedly forthcoming.
While the new DOJ stance signals a broader approach than just cases involving classified information, it does retain some procedural safeguards. Prosecutors, according to the memo, must determine whether “reasonable grounds” exist to believe a crime occurred and whether the information is essential to a successful prosecution. They must also explore alternative means to obtain the data and consider negotiations with journalists unless national security or investigative integrity is at stake.
Bondi added that the DOJ “will not tolerate unauthorized disclosures that undermine President Trump's policies, victimize government agencies, and cause harm to the American people.”
Press freedom advocates swiftly responded to the policy shift. Bruce D. Brown, president of the Reporters Committee for Freedom of the Press, noted that confidential sources have played a critical role in historic journalism.
“Strong protections for journalists serve the American public by safeguarding the free flow of information,” Brown said. While he acknowledged the policy's language had not yet been made fully public, he added, “We’ll wait to see what the policy looks like, but we know reporters will still do their jobs, and there is no shortage of legal support to back them up.”
The Office of Legal Policy is currently working on formal revisions to DOJ regulations to reflect the rollback of Garland's protections.
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