Chicago – April 26, 2025
On Friday, the Justice Department reversed a policy from the Biden administration that protected journalists from being forced to testify or hand over information in leak investigations. This change allows authorities to use subpoenas and court orders to obtain information from reporters when investigating who leaked sensitive information.
Attorney General Pam Bondi explained in a memo that federal employees who leak confidential information harm the Justice Department’s ability to enforce laws, protect civil rights, and ensure national security. She said such actions are illegal and must be stopped.
Under the new policy, the DOJ can issue subpoenas and warrants to collect information from journalists, but these actions must be approved by top DOJ officials. Journalists will also be notified in advance, and the actions should be as limited as possible to avoid interfering with their work or accessing protected information.
The Biden administration had previously stopped secretly seizing reporters’ records, except in special cases. Bondi’s memo marks a shift back to a more aggressive approach to leak investigations, similar to the practices during the Trump and Obama administrations.
The memo also mentioned specific leaks from the Trump administration, including leaks about intelligence related to the Venezuelan gang Tren de Aragua and information about a Defense Department adviser being placed on leave.
Bondi emphasized the importance of press freedom but also said the DOJ would work to minimize forcing journalists to provide information, using additional approval steps and advance notice. She also stated that the Attorney General must approve any attempts to question or arrest journalists.
Bruce Brown, president of the Reporters Committee for Freedom of the Press, said that protections for journalists benefit not only the press but the public as well.
