Watchdog: DOJ Failed to Follow Policy in Seizing Reporters’ Phone Records
A new Justice Department inspector general’s report reveals that federal prosecutors disregarded department regulations when seizing reporters’ phone records during media leak investigations under the Trump administration. This comes as concerns rise about a potential resurgence of such aggressive tactics.
The report also discovered that prosecutors obtained the records of some congressional staffers who had accessed classified information as part of their duties. Among those affected was President-elect Trump’s nominee for FBI director, a former House Intelligence Committee staffer, who sued the department last year after Google notified him of a subpoena for his records.
While the report details events from years past, its relevance is heightened by ‘s recent statements expressing his intention to target media outlets that “lied about American citizens” and his belief in eliminating “conspirators” against Trump from the federal government.
These comments raise the possibility that the Justice Department, under new leadership – with Trump’s selection of former Florida Attorney General as Attorney General – might overturn a policy that, with limited exceptions, prohibits prosecutors from secretly seizing reporters’ phone records in leak investigations.
Attorney General ‘s 2021 action followed public outrage over the Justice Department’s acquisition of records from journalists at The Washington Post, CNN, and The New York Times during investigations into leaks of government secrets related to the Russia election interference probe and other national security matters.
The inspector general found that the Justice Department failed to adhere to established guidelines when obtaining reporters’ records in 2020, including bypassing the News Media Review Committee, a body designed to provide oversight from officials beyond the prosecution team, including the head of the department’s public affairs office.
Then-Attorney General , who authorized obtaining records from CNN, The New York Times, and The Washington Post, did not explicitly approve the use of non-disclosure agreements, a requirement under department policy.
The Justice Department also seized data from the accounts of Democratic Rep. and then-Rep. due to leaks related to the Russia investigation, and obtained data via Apple from then-White House counsel Don McGahn.
The department targeted two members of Congress and 43 congressional staffers, according to the report. The inspector general found no indication of “retaliatory or political motivation by the career prosecutors” who initiated the requests. The staffers were primarily suspected due to the proximity between their access to classified information and the publication of related news articles, according to the report.
Garland’s new policy outlines situations where the Justice Department could still obtain reporters’ records, including if reporters are suspected of working with foreign powers or terrorist organizations, are under investigation for unrelated offenses, or obtained information through criminal means.
The Justice Department, under both Democratic and Republican administrations, has grappled with balancing press freedom protection and national security concerns.
President ‘s first attorney general, , introduced revised guidelines for leak investigations after criticism of actions deemed overly intrusive on press freedom, including the secret seizure of Associated Press reporters’ and editors’ phone records.
And , Trump’s first attorney general, announced a leak crackdown in 2017 following disclosures during the Russia election interference investigation.