WASHINGTON — The Justice Department has instigated a more rigorous approach to handling leaks to the media, as Attorney General Pam Bondi announced that prosecutors would now have renewed authority to employ subpoenas, court orders, and search warrants in pursuing government officials responsible for “unauthorized disclosures” to journalists.
In a memo obtained Friday, Bondi outlined new guidelines that overturn a Biden administration directive, which previously protected journalists from having their phone records discreetly accessed during leak investigations. This earlier practice had been a cause for concern among news entities and press advocacy organizations.
Under these new guidelines, news organizations are mandated to comply with subpoenas “when authorized at the appropriate level of the Department of Justice.” Prosecutors are also sanctioned to utilize court orders and search warrants to extract information and testimonies related to media activities.
Members of the press, according to the memo, should expect “presumptive” notification ahead of such investigative measures, with the stipulation that subpoenas be “narrowly drawn.” Warrants, too, are to incorporate “protocols designed to limit the scope of intrusion into potentially protected materials or newsgathering activities.”
Bondi emphasized that the Justice Department would not permit unauthorized disclosures that could potentially undermine President Trump’s policies, target government agencies, or inflict harm upon the public.
Per the updated policy, before employing extensive measures against the media, the attorney general must assess whether there’s justifiable reason to believe a crime took place and if the information sought is crucial to prosecution. Crucially, it must also be determined that prosecutors initially tried to “obtain the information from alternative sources” and entered negotiations with involved media representatives.
This policy shift comes amid the Trump administration’s dissatisfaction with media reports exposing internal decisions, intelligence evaluations, and prominent figures like Defense Secretary Pete Hegseth. Recently, Tulsi Gabbard, the director of national intelligence, disclosed she was making “criminal” referrals to the Justice Department over intelligence community leaks.
Simultaneously, the Trump administration faces scrutiny regarding its lapses in protecting sensitive data. A notable incident involved national security adviser Michael Waltz, who accidentally included a journalist in an encrypted group chat discussing Yemen. Pete Hegseth has faced similar exposures concerning his use of Signal messaging.
Bruce Brown from the Reporters Committee for Freedom of the Press remarked that “strong protections for journalists serve the American public by safeguarding the free flow of information.” He cited historical examples where journalists protected confidential sources, enabling them to report crucial stories transcending political divides.
The policy rescinded by Bondi had been instituted by former Attorney General Merrick Garland following revelations that, during Trump’s final term, phone records from multiple media outlets—including The Washington Post, CNN, and The New York Times—were seized.
Garland’s directives had marked a drastic departure from previous practices under several administrations. For instance, back in 2013, Eric Holder’s Justice Department informed The Associated Press that it had covertly acquired months’ worth of phone records, which led to significant backlash and a subsequent issuance of revised guidelines.
Even so, the ability for the department to seize journalists’ records persisted, as evidenced by continued media disclosures during Trump’s tenure, showcasing ongoing practices across several investigations.