Attorney General Pam Bondi dismantles Biden-era protections for journalists in leak investigations, reversing policies that limited the Department of Justice’s ability to obtain records or compel testimony from reporters involved in sensitive national security cases.
Key Takeaways
- Bondi revoked Merrick Garland’s previous policy that restricted prosecutors from seizing journalists’ records or compelling their testimony in leak investigations
- The AG justified the change by citing concerns over federal employees illegally leaking sensitive information to media outlets
- Despite the reversal, Bondi emphasized that subpoenas involving journalists would still be considered a last resort
- The policy change follows criminal referrals by Director of National Intelligence Tulsi Gabbard for intelligence professionals accused of leaking classified information
- The Office of Legal Policy is now tasked with revising DOJ language while maintaining protections for legitimate news-gathering activities
Reversing Biden-Era Protections for Journalists
In a significant policy shift, Attorney General Pam Bondi has announced the Department of Justice is rescinding protections for journalists involved in leak investigations that were established during the Biden administration. The reversal eliminates restrictions implemented by former Attorney General Merrick Garland that limited the DOJ’s ability to obtain records or compel testimony from journalists during investigations involving unauthorized disclosure of sensitive or classified information. This change comes as part of the Trump administration’s broader efforts to crack down on leaks and protect national security interests.
Bondi’s memo, issued Friday, directly targets what she describes as a troubling pattern of federal employees leaking sensitive information to media outlets. The Attorney General emphasized that such actions compromise the DOJ’s ability to fulfill its primary mission of ensuring public safety and national security. The new policy provides prosecutors with greater flexibility to investigate cases where classified or sensitive information has been improperly disclosed to the press, potentially allowing for more aggressive pursuit of both leakers and, in some cases, the journalists who publish such information.
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
Concerns Over Illegal Leaks of Sensitive Information
Bondi expressed strong concerns about government employees who leak sensitive information to the press, characterizing such actions as both illegal and harmful. Her memo draws a clear line between legitimate journalism and what she views as the exploitation of media relationships by government employees seeking to disseminate classified information. This perspective represents a significant departure from the previous administration’s approach, which had placed greater emphasis on press freedoms and provided broader protections for journalists’ sources.
“This conduct is illegal and wrong, and it must stop.” – Pam Bondi, Attorney General
The timing of this policy change is notable, as it follows criminal referrals by Director of National Intelligence Tulsi Gabbard targeting intelligence professionals accused of leaking classified information. The coordination between these actions suggests a comprehensive administration strategy to address what officials view as a serious threat to government operations and national security. Critics argue this approach could have a chilling effect on whistleblowers and government accountability, while supporters maintain it’s a necessary step to protect sensitive information.
Balancing National Security and Press Freedom
Despite rescinding the previous protections, Bondi has emphasized that the DOJ will still exercise restraint when dealing with media organizations. According to her memo, investigative techniques involving news-gathering activities should remain a last resort, used only after other investigative options have been exhausted. This assurance aims to address concerns from press freedom advocates who fear that the policy reversal could severely impair journalists’ ability to report on government activities and protect confidential sources.
“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.” – Bruce D. Brown, Executive Director of the Reporters Committee for the Freedom of Press
The Office of Legal Policy has been tasked with developing new procedures and revising the DOJ’s language regarding media investigations. These revisions are expected to maintain certain safeguards that protect legitimate newsgathering activities while giving prosecutors more tools to pursue those who leak classified information. The delicate balance between national security interests and press freedoms remains at the center of this policy shift, reflecting the administration’s prioritization of security concerns in its approach to government transparency and media relations.
