Attorney General Pam Bondi has revoked Biden-era protections that shielded journalists from having their records seized during leak investigations, potentially exposing reporters to unprecedented legal scrutiny in the Trump administration’s aggressive pursuit of government leakers.
Quick Takes
- The Justice Department has rescinded 2022 Biden-era policies that restricted prosecutors from seizing reporters’ records in criminal leak investigations
- The new directive allows for subpoenas, court orders, and search warrants to obtain information and compel testimony from journalists
- Attorney General Bondi cited recent alleged leaks of classified information to The New York Times as justification for the policy change
- The policy shift returns to a more aggressive approach toward press interactions previously seen in the Trump and Obama administrations
- Press freedom advocates warn this could have a chilling effect on investigative journalism and whistleblower reporting
Biden-Era Press Protections Dismantled
In a significant policy reversal, the Department of Justice under Attorney General Pam Bondi has officially rescinded press freedom protections established during the Biden administration. The now-revoked 2022 policy had placed strict limitations on prosecutors’ ability to seize reporters’ records, use subpoenas, or issue search warrants against journalists during leak investigations. This change marks a return to more aggressive tactics previously employed during both the Trump and Obama administrations when investigating unauthorized disclosures of sensitive information to the press.
The Biden-era regulations had been implemented following controversies that emerged when it was revealed that the Justice Department had secretly obtained phone and email records from reporters at major news organizations during the first Trump administration. Those protections were designed to ensure that members of the news media had sufficient freedom to investigate and report without unreasonable government interference. Under the new directive, prosecutors can now seek reporters’ records with approval from DOJ leadership and must provide advance notice to affected journalists.
The Justice Department has rescinded a policy implemented during the Biden administration that restricted prosecutors from seizing reporters' records in criminal investigations, according to an internal memo obtained by ABC News. https://t.co/wVSJfDc6zi
— ABC News (@ABC) April 28, 2025
National Security Concerns Cited as Justification
In her memo announcing the policy change, Attorney General Bondi emphasized that the decision was driven by national security imperatives and pointed to specific leak incidents. She specifically referenced a recent intelligence document reported by The New York Times, which has now become the subject of a criminal investigation. Additionally, Homeland Security Secretary Kristi Noem and the FBI are actively pursuing charges against officials allegedly leaking details about deportation operations, highlighting the administration’s intensified focus on punishing those who disclose sensitive information.
“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. This conduct is illegal and wrong, and it must stop, ‘ stated Pam Bondi.
The Justice Department has directed its Office of Legal Policy to publish new guidelines that will include procedural protections for obtaining information from media personnel. These revised procedures will require that any actions taken against journalists be as narrow as possible to avoid unduly interfering with legitimate news gathering or exposing protected materials. However, the memo also contained language critical of certain media outlets, with Bondi noting the policy changes were being made “despite the lack of independence of certain members of the legacy news media.”
Press Freedom Advocates Sound Alarm
The policy shift has raised significant concerns among press freedom advocates who warn about potential chilling effects on investigative journalism. Prior to his appointment as FBI Director, Kash Patel had reportedly expressed intentions to target journalists who reported on President Trump’s 2020 election loss, raising additional questions about how the new policy might be implemented. Critics point out that this move could potentially intimidate journalists and their sources, making it more difficult to report on matters of public interest, particularly those related to government actions.
“Some of the most consequential reporting in U.S. history — from Watergate to warrantless wiretapping after 9/11 — was and continues to be made possible because reporters have been able to protect the identities of confidential sources and uncover and report stories that matter to people across the political spectrum,” Bruce Brown said.
While the DOJ has emphasized that certain safeguards remain in place—notably that the Attorney General must personally approve efforts to question or arrest members of the news media—the policy clearly represents a significant departure from the more protective stance of the previous administration. Notably, the policy change comes at a time when the administration has downplayed revelations about Trump officials allegedly sharing sensitive military details over encrypted apps, with Bondi indicating that a criminal investigation into those particular revelations is unlikely.
Sources:
- Trump DOJ rescinds Biden-era protections for news media
- Justice Department revokes Biden-era protections for reporters in leak investigations : NPR
