Attorney General Pam Bondi said the policy changes will restore the prosecutor’s ability to hold government leaks accountable.
The Justice Department has rescinded Biden-era policies that restricted the ability of prosecutors to limit the ability of prosecutors during the investigation into criminal leaks, according to a memo issued by Attorney General Pam Bondy on April 25th.
“It is a bedrock principle that free and independent press is essential to the functioning of our democracy,” writes Bondy. “The Department of Justice defends the principles of certain members of the legacy news media, despite the fact that they are not independent.”
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“From Watergate to legitimate eavesdropping since 9/11, some of the most consequential reports in US history remained possible as reporters were able to protect the identity of confidential sources and uncover and report important stories to people on the political spectrum. “The strong protection of journalists serves the American people by protecting the free flow of information.”
Bondi’s memo shows that under the new policy, subpoena, court orders and search warrants must meet strict procedural safeguards, including high levels of approval and advance notice, where possible. The Attorney General must also personally approve any efforts to question or arrest media members.
Under the revised rules, the prosecutor must show that there is a reasonable basis for believing that the crime occurred, that the information sought is essential, that alternatives have been exhausted and that good negotiations have been attempted if necessary.
However, Bondi revealed that the DOJ would be more proactive in pursuing leaky investigations, saying that unfair disclosures would cause “significant and irreversible” harm to national security and government operations.
“The act can be characterized as appropriately rebellious,” she wrote, “slamming government officials for leaking sensitive information that attempted to embrace confusion and mistrust.
