WASHINGTON — Federal prosecutors skirted some Justice Department rules when they seized reporters’ phone records as part of investigations into media leaks during the Trump administration, according to a new watchdog report released as the aggressive practice of seeking out journalists’ sources could be brought back to life.
Tuesday’s report from the Justice Department’s Office of Inspector General also found that some congressional staffers’ records were obtained by prosecutors solely on the basis that they had been given access to classified information, even though this was part of their job responsibilities.
While the report details the Justice Department’s actions several years ago, the issue takes on new resonance as the president-elect Donald Trump’s choice for FBI Director Kash Patel has spoke about his desire to come after members of the media “who lied about American citizens” and his belief that the federal government must get rid of “conspirators” against Trump.
These comments raise the possibility that the Justice Department under new leadership – Trump has picked former Florida Attorney General Pam Bondi to serve as its attorney general – would be a three year old policy which, with limited exceptions, prohibits prosecutors from secretly seizing reporters’ phone records during investigations into leaks of sensitive information.
The action of the attorney general Merrick Garland In 2021, there was an uproar over revelations that the Justice Department obtained data from journalists from The Washington Post, CNN and The New York Times during the Trump administration. part of research who had exposed government secrets related to the investigation into Russian election interference and other national security issues.
The inspector general found that the Justice Department did not follow certain department rules implemented years earlier when requesting reporters’ data in 2020, including having the request reviewed by a News Media Review Committee, it said report. The committee is intended to ensure that officials other than prosecutors, including the head of the department’s public affairs bureau, are able to weigh in on such efforts.
Then Attorney General William Barrwho authorized obtaining the data from CNN, The New York Times and the Washington Post, did not expressly sign off on the use of nondisclosure agreements that were requested — as required by department policy, the report said.
The Justice Department has also seized data from the accounts of some Democrats members of Congress about leaks related to the Russia investigation, and He requested data from then White House attorney Don McGahn via Apple.
According to the report, the department went after the data of two members of Congress and 43 congressional staffers. The inspector general found no evidence of “retaliation or political motives of the career prosecutors” who filed the requests. According to the report, the staffers were considered suspects in most cases simply because of the short time between the time they were given access to classified material as part of their job responsibilities and the publication of news articles containing classified information.
Garland’s new policy provided for several scenarios in which the Justice Department could still obtain data from reporters, including if the reporters are suspected of working for agents of a foreign power or terrorist organizations, if they are under investigation for unrelated activities or if they have obtained their data. information through criminal methods such as burglary.
The Justice Department has struggled during both Democratic and Republican leaderships with how to balance its determination to protect press freedom with its determination to safeguard national security secrets.
President Barack Obama’s first attorney general, Erik Holderannounced revised guidelines for leak investigations following an outcry over actions seen as aggressively intruding on press freedom, including the secret seizure of telephone records of Associated Press reporters and editors.
And Jeff SessionsTrump’s first attorney general, announced a crackdown on leaks in 2017 after a series of revelations during the investigation into Russian election interference.