Attorney General Pam Bondi has revoked Biden-era protections for journalists involved in leak investigations, allowing federal prosecutors greater access to media records in criminal cases.
At a Glance
- AG Pam Bondi rescinded policies established under former AG Merrick Garland that limited DOJ’s ability to obtain journalists’ records
- The policy change follows concerns about federal employees leaking sensitive information to the media
- Bondi emphasized that compelling testimony from journalists would be a “last resort” measure
- The rollback coincides with criminal referrals from Director of National Intelligence Tulsi Gabbard regarding classified information leaks
- The DOJ’s Office of Legal Policy is developing new procedures to balance legitimate journalism with national security concerns
Bondi Takes Firm Stance on Media Leaks
Attorney General Pam Bondi has taken decisive action against what she describes as the misuse of media channels to release sensitive government information. In a significant policy shift, Bondi announced that the Department of Justice is reversing protections for journalists that were established during the Biden administration.
The change will make it easier for federal prosecutors to obtain journalists’ records and compel testimony in criminal investigations involving unauthorized leaks of classified or sensitive information.
In her announcement, Bondi directly addressed the issue of leaks coming from within the federal government. “This conduct is illegal and wrong, and it must stop,” Bondi declared, highlighting the administration’s commitment to addressing what it views as a serious threat to national security and the DOJ’s ability to carry out its mission effectively.
The new policy specifically targets situations where journalists may be receiving and publishing classified information from government sources.
Differences from Garland’s Approach
The policy change marks a clear departure from the approach taken by former Attorney General Merrick Garland. Under Garland’s leadership, the DOJ had established stringent limitations on when prosecutors could seek information from journalists, generally prohibiting such actions except in very specific circumstances. These restrictions were implemented after controversies arose during previous administrations regarding government investigations into media organizations and reporters.
Bondi’s memo follows criminal referrals made by Director of National Intelligence Tulsi Gabbard concerning intelligence professionals suspected of leaking classified information. The timing suggests a coordinated approach within the administration to address unauthorized disclosures, with the DOJ now equipped with expanded tools to investigate such cases. Despite the policy change, Bondi has assured that compelling testimony from journalists would remain a measure of last resort.
Media Freedom Concerns and DOJ Response
The announcement has raised concerns among press freedom advocates who view the policy rollback as potentially threatening to journalistic independence and the protection of confidential sources. Bruce D. Brown of the Reporters Committee for Freedom of the Press emphasized the importance of protecting journalists’ ability to maintain confidentiality with their sources, suggesting that the reversal could have a chilling effect on reporting that serves the public interest.
In response to these concerns, the DOJ has indicated that the Office of Legal Policy is developing new procedures and language that will incorporate necessary protections for legitimate journalistic activities.
Bondi has emphasized that the department will continue to limit forced legal actions against media organizations, suggesting that the policy is targeted specifically at situations involving illegal leaks rather than routine news-gathering operations. The development of these new procedures will likely be closely watched by media organizations and press freedom advocates.