Lawyer Common Pam Bondi mentioned the coverage change will restore prosecutors’ capacity to carry authorities leakers accountable.
The Justice Division has rescinded a Biden-era coverage that restricted prosecutors’ capacity to acquire journalists’ information throughout felony leak investigations, in accordance with a memo issued on April 25 by Lawyer Common Pam Bondi.
“With out query, it’s a bedrock precept {that a} free and impartial press is important to the functioning of our democracy,” Bondi wrote. “The Division of Justice will defend that precept, regardless of the shortage of independence of sure members of the legacy information media.”
“A few of the most consequential reporting in U.S. historical past—from Watergate to warrantless wiretapping after 9/11—was and continues to be made attainable as a result of reporters have been capable of defend the identities of confidential sources and uncover and report tales that matter to individuals throughout the political spectrum,“ Brown mentioned. “Robust protections for journalists serve the American public by safeguarding the free circulation of knowledge.”
Bondi’s memo signifies that, below the brand new coverage, subpoenas, court docket orders, and search warrants focusing on journalists should nonetheless meet strict procedural safeguards, together with high-level approval and advance discover when attainable. Additionally, the lawyer common must personally approve any efforts to query or arrest members of the media.
Below the revised guidelines, prosecutors should additionally present that cheap grounds exist to imagine a criminal offense occurred, that the knowledge sought is crucial, that options have been exhausted, and that good-faith negotiations have been tried the place applicable.
Nevertheless, Bondi made clear the DOJ will pursue leak investigations extra aggressively, saying that unauthorized disclosures trigger “important and irreversible” harms to nationwide safety and authorities operations.
“This conduct may correctly be characterised as treasonous,” she wrote, accusing authorities officers who leak delicate info of in search of to “sow chaos and mistrust.”