The return of the journalist subpoena
The administration is going after sources—subpoenas and all!
Not every revival is a good thing: We’re talking the return of low-rise jeans (WHY??), drilling in Alaska and, oh yes, the Justice Department’s decision to bring back a policy that authorizes it to seize reporters’ phone records in order to sniff out sources.
The current administration has made it painfully clear that it intends to crack down on leaks—and this new move, which rescinds a Biden-era policy protecting journalists from having to hand over their sources (or their phones), is just more evidence of that.
A little context: Back in 2021, the Biden Justice Department discovered that the first Trump administration had been secretly seizing reporters’ phone records—and had attempted to get into their email records too—in an effort to find out who was leaking to them. Biden Attorney General Merrick Garland rebuked the efforts and enacted a rule restricting the use of “compulsory” processes to get information from the news media. (FWIW, it’s not 100% a Republican thing: the Obama Justice Department also seized reporter records in 2013, in an apparent attempt to find out who had leaked to the AP about a CIA operation.) A rare bipartisan topic 🤔!
Well, current AG Pam Bondi has now rolled those restrictions alllll the way back. "Federal government employees intentionally leaking sensitive information to the media undermines the ability of the Department of Justice to uphold the rule of law, protect civil rights, and keep America safe,” she said in an internal memo on the subject.” This conduct is illegal and wrong, and it must stop.”
Apparently, the new policy says it’s fine for the DOJ to use subpoenas, court orders and search warrants to get information and testimony from journalists. Whatever means necessary, basically.
It’s a tried and true scare tactic. The Department of Justice’s plan to seize reporters’ phone records and to use subpoenas to compel reporters to reveal sources is intended to scare journalists and their sources at a time when the administration is increasingly operating in secret.
What it all means is that it’s more important than ever for insiders to be safe when they share their stories. Make your first step seeking legal counsel (we’ve got you covered!). And be smart with your tech. Do not—we repeat do NOT—use your work email or phone to report any concerns. It’s more important than ever that people with insider knowledge share what they’re seeing behind closed doors. But you’ve got to be smart about it. That’s why we’re here. Want guidance? Reach out, or head straight to our safe.