Attorney General Merrick Garland has sharply limited how and when prosecutors can secretly obtain reporters’ phone and email records, formalizing a Biden administration decree that the government would stop using secret orders and subpoenas for journalists’ data to hunt for leakers.
The memo says the department “will no longer use compulsory legal process for the purpose of obtaining information from or records of members of the news media acting within the scope of newsgathering activities.”
The previous Justice Department rules for using reporters’ data to pursue unauthorized disclosures of classified information were widely criticized by First Amendment advocates and members of Congress, who said they gave free rein to prosecutors to secretly pursue such records if they thought telling the news organization in question might harm an investigation. Continue reading.
