WASHINGTON (AP) — The Justice Department is taking a hard stance against leaks of information to the media, with Attorney General Pam Bondi stating that prosecutors will now have the authority to use subpoenas, court orders, and search warrants to identify government officials who make unauthorized disclosures to journalists.
New regulations outlined by Bondi in a memo obtained by The Associated Press on Friday reverse a Biden administration policy that shielded journalists from having their phone records seized during leak investigations, a practice condemned by news organizations and press freedom groups.
According to the new regulations, news organizations must comply with subpoenas when authorized by the Department of Justice, and prosecutors can use court orders and search warrants to compel the production of information and testimony from the media.
The memo emphasizes that members of the press should be notified in advance of investigative activities, and subpoenas should be narrowly defined. Warrants must include protocols to limit intrusion into potentially protected materials or newsgathering activities.
“The Justice Department will not tolerate unauthorized disclosures that undermine President Trump’s policies, victimize government agencies, and cause harm to the American people,” Bondi wrote.
Under the new policy, the attorney general must assess whether a crime has been committed, if the information sought is necessary for prosecution, and if other sources have been exhausted before resorting to intrusive tactics against the media.
The shift in policy coincides with complaints from the Trump administration about leaked news stories revealing internal decision-making and activities of prominent officials. The director of national intelligence, Tulsi Gabbard, announced criminal referrals over intelligence leaks to the media.
The move also follows ongoing scrutiny of the Trump administration for lapses in safeguarding sensitive information, such as inadvertently including journalists in encrypted group chats discussing attack plans.
Bruce Brown of the Reporters Committee for Freedom of the Press emphasized the importance of strong protections for journalists in ensuring the free flow of information.
Bondi’s decision to rescind the previous policy, implemented by then-Attorney General Merrick Garland, comes after revelations of phone record seizures involving news organizations during the Trump administration.
Garland’s regulations marked a reversal of the practice of seizing phone records, which had spanned multiple administrations. The Obama Justice Department, under Attorney General Eric Holder, informed The Associated Press in 2013 that it had obtained phone records of reporters and editors.
After facing criticism, Holder introduced revised guidelines for leak investigations, requiring high-level authorization before issuing subpoenas for news media records. However, the department retained the authority to seize journalists’ records, as evidenced by recent disclosures during the Trump administration.
