Lawyer Common Pam Bondi mentioned the coverage change will restore prosecutors’ skill to carry authorities leakers accountable.
The Justice Division has rescinded a Biden-era coverage that restricted prosecutors’ skill to acquire journalists’ information throughout felony leak investigations, in response to a memo issued on April 25 by Lawyer Common Pam Bondi.
“With out query, it’s a bedrock precept {that a} free and impartial press is important to the functioning of our democracy,” Bondi wrote. “The Division of Justice will defend that precept, regardless of the dearth of independence of sure members of the legacy information media.”
“A number of the most consequential reporting in U.S. historical past—from Watergate to warrantless wiretapping after 9/11—was and continues to be made doable as a result of reporters have been capable of shield the identities of confidential sources and uncover and report tales that matter to folks throughout the political spectrum,“ Brown mentioned. “Sturdy protections for journalists serve the American public by safeguarding the free circulation of data.”
Bondi’s memo signifies that, beneath the brand new coverage, subpoenas, court docket orders, and search warrants concentrating on journalists should nonetheless meet strict procedural safeguards, together with high-level approval and advance discover when doable. Additionally, the legal professional basic should personally approve any efforts to query or arrest members of the media.
Beneath the revised guidelines, prosecutors should additionally present that cheap grounds exist to imagine a criminal offense occurred, that the data sought is important, that options have been exhausted, and that good-faith negotiations have been tried the place applicable.
Nevertheless, Bondi made clear the DOJ will pursue leak investigations extra aggressively, saying that unauthorized disclosures trigger “important and irreversible” harms to nationwide safety and authorities operations.
“This conduct may correctly be characterised as treasonous,” she wrote, accusing authorities officers who leak delicate info of looking for to “sow chaos and mistrust.”