Attorney General Pam Bondi has reversed Biden-era press protections, allowing prosecutors greater freedom to pursue journalists in leak investigations as the Trump administration intensifies its crackdown on government leakers.
Key Takeaways
- AG Pam Bondi has rescinded Merrick Garland’s policies that limited DOJ’s ability to subpoena journalists for records and testimony in leak investigations
- The policy change follows criminal referrals from Director of National Intelligence Tulsi Gabbard concerning intelligence professionals leaking classified information
- Bondi emphasized that pursuing journalists would remain a last resort measure in investigations
- The Office of Legal Policy is developing new procedures to balance national security concerns with press freedoms
DOJ’s New Stance on Press Protections
Attorney General Pam Bondi has taken decisive action to address what she describes as dangerous leaks of sensitive information by federal employees. In a significant policy reversal, Bondi has rescinded Biden-era restrictions that limited the Department of Justice’s ability to subpoena journalists for records and testimony during leak investigations. The move represents a fundamental shift in how the DOJ will handle cases involving media outlets that receive and publish leaked government information, particularly classified materials that could impact national security operations or ongoing investigations.
Bondi made it clear that the previous policy had created obstacles for investigators pursuing those responsible for unauthorized disclosures. The new approach allows prosecutors greater latitude in demanding information from journalists who may have knowledge about the sources of leaks. While this represents a more aggressive stance toward press involvement in leak cases, Bondi has maintained that such measures would only be employed when absolutely necessary and after other investigative avenues have been exhausted.
The Justice Department will again allow federal investigators to pursue communications from media outlets in the course of government leak investigations, rescinding a Biden-era policy, according to a memo from Attorney General Pam Bondi obtained by CNN. https://t.co/ApeFcU6Dez
— News 3 Now / Channel 3000 (@WISCTV_News3) April 26, 2025
The National Security Imperative
The Attorney General’s decision comes in response to what the administration views as a pattern of damaging leaks that undermine national security and the justice system’s integrity. These unauthorized disclosures have been a persistent concern for the Trump administration, prompting stronger measures to identify and prosecute those responsible. The revised policy aims to close what Bondi characterizes as loopholes that have allowed government employees to leak sensitive information with limited consequences, potentially compromising intelligence operations and ongoing investigations.
“This conduct is illegal and wrong, and it must stop,” said Pam Bondi, Attorney General.
The policy shift follows recent criminal referrals by Director of National Intelligence Tulsi Gabbard targeting intelligence professionals accused of leaking classified information. This coordinated approach demonstrates the administration’s commitment to addressing what it perceives as a systemic problem within the federal government. Bondi’s memo specifically highlights concerns about federal employees who use media connections to disseminate information they are legally obligated to protect, often for political purposes or personal agendas.
Balancing Security and Press Freedom
While taking a harder line on leaks, Bondi has emphasized that the department will continue to respect legitimate journalistic activities. The AG has instructed the Office of Legal Policy to develop new procedures and language that preserve necessary protections for genuine news-gathering operations. This approach aims to distinguish between responsible journalism and situations where media outlets are used as vehicles for illegal disclosures of protected information. The challenge lies in striking the right balance between national security imperatives and the constitutional protections afforded to the press.
“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,” said Bruce D. Brown, Executive Director of the Reporters Committee for the Freedom of Press.
The reversal has naturally sparked concern among press freedom advocates who worry about potential chilling effects on journalism and source protection. Critics argue that the ability to maintain confidential sources is essential for investigative reporting, particularly when exposing government misconduct or abuses of power. However, the administration maintains that the policy change is narrowly targeted at those who deliberately violate their legal obligations to protect sensitive information, not at journalists performing their legitimate functions in a democracy.
