Justice Dept. Wants to Make Seizing Journalists’ Records Easier

WASHINGTON — The Justice Department is ramping up its confrontations against the media with a new policy that could make it easier for U.S. attorneys to seize reporters’ records and compel their testimony.

In a related move, the U.S. attorney for the District of Columbia is threatening to revoke the nonprofit status of Wikipedia.

U.S. Attorney General Pam Bondi sent out a memo to Justice Department officials Friday that reverses a policy protecting journalists’ sources when they report information leaked from unnamed people.

The policy was derived from First Amendment free speech and free press guarantees. It has been in effect with only small modifications since the Nixon administration.

Bondi’s memo said the old policy interferes with law enforcement when issues of public importance are investigated.

Bondi’s memo lacks detail on what information might be seized from journalists but indicates the Justice Department could go beyond investigating leaks of classified information to include news reports that “undermine” Trump administration policies.

She said her policy would protect “classified, privileged and other sensitive information.” 

She also appeared to authorize seizing records without the normal requirement of court hearings and warrants. Until now, senior Justice Department approvals were needed before attorneys seek court orders. 

She said the Justice Department “will not tolerate unauthorized disclosures that undermine President Trump’s policies, victimize government agencies, and cause harm to the American people.”

Media representatives are implying the Justice Department should expect legal battles if they try to enforce Bondi’s policy.

“Strong protections for journalists serve the American public by safeguarding the free flow of information,” Bruce D. Brown, president of the media advocacy organization Reporters Committee for Freedom of the Press, said in a statement. “We’ll wait to see what the policy looks like, but we know reporters will still do their jobs, and there is no shortage of legal support to back them up.”

Under the 14th Amendment’s equal protection clause and Fourth Amendment privacy provisions, the Justice Department would need to prove to judges that a crime is likely to have been committed before they can get a warrant or subpoena witnesses in the media.

Bondi’s memo said the Justice Department would consider whether there are “reasonable grounds to believe that a crime has occurred and the information sought is essential to a successful prosecution” before seeking court orders.

Federal prosecutors also would need to make reasonable attempts to get the information without court intervention, such as by negotiating with journalists. Exceptions would be allowed for “a threat to national security, the integrity of the investigation or bodily harm,” the memo says.

Acting U.S. attorney for the District of Columbia Ed Martin also invoked national security when he sent a letter last week demanding information from the online news and information outlet Wikipedia on whether it complies with Internal Revenue Service guidelines for charitable organizations.

He said Wikipedia publishes “propaganda” that sometimes conflicts with the Trump administration’s efforts.

Martin’s letter sent to the nonprofit that runs Wikipedia said the tax-exempt organization was “allowing foreign actors to manipulate information and spread propaganda to the American public.”

He demanded information about its editorial processes and how it safeguards the integrity of its information.

“Wikipedia is permitting information manipulation on its platform, including the rewriting of key, historical events and biographical information of current and previous American leaders, as well as other matters implicating the national security and the interests of the United States,” Martin wrote. “Masking propaganda that influences public opinion under the guise of providing informational material is antithetical to Wikipedia’s ‘educational’ mission.”

San Francisco-based Wikipedia advertises itself as the “free encyclopedia” that seeks accuracy and neutrality in its reports from volunteer contributors worldwide.

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