In a significant policy shift, Attorney General Pam Bondi has decided to revoke a Biden-era policy that shielded journalists from subpoenas, as per an internal memo obtained by Straight Arrow News.
The memo reveals that the U.S. government has been plagued by multiple leaks of sensitive and classified information to the media.
Bondi expressed her disapproval of these leaks in the memo, stating, This conduct is illegal and wrong, and it must stop. This move follows President Donald Trump's memo signed on April 9, which outlined the case of Miles Taylor, a former federal service employee accused of unlawfully leaking classified information for his book's promotion.
Bondi's memo further elaborates, The perpetrators of these leaks aid our foreign adversaries by spilling sensitive and sometimes classified information onto the internet. The damage is significant and irreversible. Accountability, including criminal prosecutions, is necessary to set a new course, terming the conduct as "treasonous."
During the Biden administration, then-Attorney General Merrick Garland had decided that the Department of Justice (DOJ) would not pursue reporters' records or force their testimony to identify administration leakers. However, Bondi's new policy mandates that members of the news media comply with subpoenas, court orders, and search warrants, provided the DOJ sanctions these techniques during government leak investigations.
The memo clarifies, Members of the news media are presumptively entitled to advance notice of such investigative activities, subpoenas are to be narrowly drawn, and warrants must include protocols designed to limit the scope of intrusion into potentially protected materials or news gathering activities.
The DOJ now has the authority to seize reporters' phones, detain them for questioning, or even arrest members of the news media. The memo outlines several factors that the attorney general will consider when deciding to use these techniques. These include the DOJ's belief that a crime has occurred and the information will lead to prosecution, whether prosecutors have exhausted all other means to obtain the information from other sources, and whether the government has attempted to negotiate with the affected media member.
In reaction to this new policy, Bruce D. Brown, President of the Reporters Committee for Freedom of the Press, issued a statement. He said, Some of the most consequential reporting in U.S. history from Watergate to warrantless wiretapping after 9/11 was and continues to be made possible because reporters have been able to protect the identities of confidential sources and uncover and report stories that matter to people across the political spectrum.
Brown further added, Strong protections for journalists serve the American public by safeguarding the free flow of information. Well 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.
In the same week, Secretary of Defense Pete Hegseth voiced his belief that leakers aim to undermine Trump's agenda. This statement followed the dismissal of three of Hegseth's former Pentagon aides after revelations that Hegseth had used the Signal app to disclose sensitive U.S. military operations to his wife, brother, and personal attorney.
In a related development, Director of National Intelligence Tulsi Gabbard disclosed on her official X account in March that her agency has been a victim of numerous leaks. She cited several instances, including one person accused of leaking classified information to The Huffington Post and another of sharing information on Israel and Iran with The Washington Post, among others.
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