Attorney General Pam Bondi has reversed Biden-era protections for journalists in leak investigations, signaling a tougher stance against information leaks while reshaping the relationship between the Department of Justice and media outlets.
Quick Takes
- AG Bondi has rescinded Merrick Garland’s policies that limited DOJ’s ability to seek records and compel testimony from journalists
- The policy change follows concerns about federal employees leaking sensitive information to the media
- While reversing protections, Bondi emphasized that actions against journalists would still be a “last resort”
- The Office of Legal Policy is developing new procedures to balance national security and press freedoms
- The move follows criminal referrals from Director of National Intelligence Tulsi Gabbard for leaks of classified information
DOJ Reverses Course on Journalist Protections
Attorney General Pam Bondi has announced a significant policy shift at the Department of Justice, rescinding protections established during the Biden administration that shielded journalists during leak investigations. In a memo released Friday, Bondi outlined the changes, which reverse former Attorney General Merrick Garland’s policy that restricted prosecutors from obtaining records or compelling testimony from journalists. The reversal comes amid concerns about government employees using media outlets as conduits for sensitive information.
Bondi’s directive addresses what she describes as an alarming pattern of leaks undermining national security and law enforcement operations. The new policy enables federal prosecutors to more aggressively pursue journalistic sources and materials when investigating unauthorized disclosures of classified or sensitive information. This marks a substantial departure from the previous administration’s approach, which had established some of the strongest protections for press freedom in recent DOJ history.
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
Cracking Down on Unauthorized Leaks
In her memo, Bondi specifically targeted the practice of government employees sharing classified information with the press. “This conduct is illegal and wrong, and it must stop,” said Pam Bondi, Attorney General. The policy change follows criminal referrals from Director of National Intelligence Tulsi Gabbard, who has identified intelligence professionals suspected of leaking classified information to media outlets.
The Trump administration has consistently prioritized addressing what it views as a problematic culture of leaks within the federal government. The policy shift aligns with President Trump’s longstanding concerns about unauthorized disclosures undermining his administration’s work. Bondi’s memo instructs the Office of Legal Policy to develop new language and procedures that will balance national security needs with press freedoms, though specifics on these guidelines have not yet been released.
Balancing Security and Press Freedom
While the policy change has raised concerns among press freedom advocates, Bondi emphasized that subpoenas and other legal actions against journalists would remain a last resort measure. The DOJ will still maintain certain safeguards to protect legitimate newsgathering activities, though the specific nature of these protections remains unclear as the policy is being developed. The attorney general noted that the department recognizes the importance of a free press while also ensuring national security.
“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 Freedom of the Press. Press advocacy groups have expressed concern about the potential chilling effect on journalistic sources, noting that confidential sources are often essential for reporting on government activities.
The DOJ’s revised approach reflects the Trump administration’s broader efforts to tighten control over information flow from government agencies. Critics worry the policy could discourage whistleblowers and legitimate sources from coming forward, while supporters view it as a necessary step to protect sensitive information and hold leakers accountable. As the Office of Legal Policy develops the specific language for the new guidelines, both journalists and government officials will be watching closely to see how this balance between security and press freedom takes shape.
