Justice Department drops Biden-era policy on journalists involved in leak investigations

Attorney General Pam Bondi announced on Friday the Department of Justice (DOJ) will change the policy that allows journalists to hide records and testimony related to suspects in a criminal investigation.

In a memo obtained by Axios, Bondi wrote that federal employees intentionally leaking sensitive information to the media undermines the ability of the Department of Justice to keep America safe. 

“This conduct is illegal and wrong, and it must stop,” Bondi wrote. “Therefore, I have concluded that it is necessary to rescind Merrick Garland’s policies precluding the Department of Justice from seeking records and compelling testimony from members of the news media in order to identify and punish the source of improper leaks.”

She noted investigative techniques relating to news-gathering are “an extraordinary measure to be deployed as a last resort when essential to a successful investigation or prosecution,” according to the memo.

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She added the protections were being abused, with officials using “media allies” to leak sensitive information for political gain, and the policy often put their phone and other electronic records out of reach of prosecutors, Politico reported.

The memo comes after Director of National Intelligence Tulsi Gabbard on Wednesday referred two intelligence community professionals accused of leaking classified information to the Justice Department for criminal prosecution.

The professionals allegedly shared classified information with the Washington Post and the New York Times, according to previous reporting.

A third criminal referral is expected, the DOJ said.

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Former Attorney General Merrick B. Garland under former President Joe Biden in 2022 made significant revisions to the Justice Department’s regulations regarding obtaining information from members of the news media. 

Garland’s policy prohibited the DOJ from seeking information from members of the news media, acting within the scope of news-gathering, except under limited, specified circumstances.

Bruce D. Brown, president of the Reporters Committee for the Freedom of Press wrote in a statement that he had not seen the language of the new policy, but stressed the importance of reporters being able to protect the identities of 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,” Brown wrote in the statement.

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Bondi said the department will continue to limit the use of forced legal action to obtain information from or records of the media, which includes enhanced approval and advance-notice procedures.

The Office of Legal Policy is tasked with creating new language to reflect the rescission of Garland’s policies.

Fox News Digital’s Brooke Singman contributed to this report.