By Steve Neavling
Federal prosecutors bypassed certain Justice Department protocols when obtaining the phone and email records of journalists during leak investigations under the Trump administration, according to a new report from the department’s inspector general, the Associated Press reports.
The findings reignite concerns about government efforts to uncover journalists’ sources and the potential revival of such practices.
The watchdog report, released Tuesday, revealed that prosecutors acquired the records of numerous congressional staffers who accessed classified information as part of their roles, treating them as potential suspects in leak investigations. Among those affected was Kash Patel, a former House Intelligence Committee staffer and President-elect Donald Trump’s nominee for FBI director. Patel alleged in a lawsuit last year that he learned through Google that prosecutors had subpoenaed his records in 2017.
The report comes at a critical moment, as Patel has publicly advocated for targeting members of the media he accuses of spreading falsehoods about American citizens. His statements, coupled with Trump’s selection of former Florida Attorney General Pam Bondi as the next attorney general, raise questions about whether the Justice Department might roll back restrictions on obtaining reporters’ records. These restrictions were put in place in 2021 by then-Attorney General Merrick Garland, following backlash over revelations of journalist record seizures during the Trump administration.
During Trump’s presidency, the Justice Department pursued records from journalists at prominent outlets like The Washington Post, CNN, and The New York Times as part of leak investigations tied to Russian election interference and other sensitive matters. However, the inspector general found that prosecutors failed to adhere to certain internal guidelines, such as consulting the News Media Review Committee, which is tasked with evaluating such requests and ensuring a broader perspective beyond prosecutors’ interests.
The watchdog report highlighted another procedural failure: Prosecutors did not obtain express approval from the attorney general for non-disclosure orders that prevented journalists and their employers from being alerted to the subpoenas.
“Given the important interests at stake, we were troubled that these failures occurred, particularly given that only a few years had elapsed since the Department substantially overhauled its News Media Policy in 2014 and 2015 following serious criticisms concerning the Department’s efforts to obtain communications records of members of the news media,” the report stated.
In addition to targeting journalists, the Justice Department sought data from accounts belonging to Democratic U.S. Reps. Eric Swalwell and Adam Schiff, as well as records from Apple tied to then-White House Counsel Don McGahn. The inspector general’s report found no evidence that these actions were driven by political or retaliatory motives. However, it noted that congressional staffers became suspects merely due to their access to classified information near the time of news articles containing leaks.
Bruce D. Brown, executive director of the Reporters Committee for Freedom of the Press, criticized the Justice Department’s actions in a statement.
“Government seizure of reporters’ records hurts the public and raises serious First Amendment concerns. This investigation highlights the need for a reasonable, common-sense law to protect reporters and their sources,” he said, urging Congress to pass legislation that would prevent the government from compelling journalists or tech companies to reveal source identities.
Garland’s 2021 policy set stricter guidelines for when prosecutors could seize reporters’ records, such as cases involving reporters working as foreign agents, engaging in unrelated criminal activities, or using illegal methods to obtain information. However, concerns remain that the policy could be overturned, paving the way for a return to aggressive leak investigations that jeopardize press freedoms.
