Bondi rescinds Biden-era policy against seeking records from journalists in leak investigations – Washington Examiner
Attorney General Pam Bondi has announced the revocation of a policy implemented during the Biden administration that restricted the Justice Department (DOJ) from obtaining records and testimony from journalists involved in leak investigations. This policy,established by former Attorney General Merrick Garland,aimed to prevent the DOJ from seizing media records except in rare situations,following previous controversies during the Trump administration,where the DOJ had obtained journalists’ records.
Bondi’s memo states that the previous policy had been “abused,” allowing officials to leak information to media allies, which she described as undermining the rule of law and civil rights. While acknowledging the importance of a free press, Bondi emphasized that investigative techniques related to news gathering would now be considered as a last resort in necessary investigations. This change comes amid ongoing concerns regarding leaks within the new Trump administration and follows recent referrals for prosecution related to such leaks.
Bondi rescinds Biden-era policy against seeking records from journalists in leak investigations
Attorney General Pam Bondi is revoking a Biden administration Justice Department policy that prevented the DOJ from seeking records and testimony from journalists in investigations surrounding leaks.
The policy, which was implemented under former Attorney General Merrick Garland, attempted to block the Justice Department from seizing records from reports and media outlets except in rare instances, after the first Trump administration obtained records of some journalists in a bid to stop leaks from within the administration.
Bondi said the policy had been “abused,” leading to officials engaging in politically-charged leaks to “media allies.”
On Friday, Bondi issued a memo to DOJ staff rescinding the policy, according to a report from Axios.
“Federal government employees intentionally leaking sensitive information to the media undermines the ability of the Department of Justice to up hold the rule of law, protect civil rights, and keep America safe. This conduct is illegal and wrong, and it must stop,” the memo said. “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.”
Bondi acknowledged the importance of a “free and independent press” in her memo and said the new policy will “recognize that investigative techniques relating to news gathering are an extraordinary measure to be deployed as a last resort when essential to a successful investigation or prosecution.”
The policy change comes as the new Trump administration is already dealing with leaking issues, and days after Director of National Intelligence Tulsi Gabbard referred two intel officials to the Justice Department for prosecution for leaks to the media. Gabbard also promised a third criminal referral would be forthcoming for another alleged leaker.
In December, a Justice Department inspector general raised concerns about conduct by the agency during the first Trump administration, specifically obtaining phone and email records of reporters during a 2017 investigation into leaks to the media.
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