Federal prosecutors have been found to have bypassed certain Justice Department rules when seizing the phone records of reporters as part of media leak investigations during the Trump administration, according to a new watchdog report. The report, released by the Justice Department inspector general's office, also revealed that some congressional staffers had their records obtained by prosecutors due to their access to classified information as part of their job responsibilities.
The report highlighted concerns as President-elect Donald Trump's pick for FBI director, Kash Patel, expressed intentions to target members of the media who allegedly spread false information about American citizens. This has raised speculation that the Justice Department, under new leadership, could potentially reverse a three-year-old policy that restricts prosecutors from secretly seizing reporters' phone records during leak investigations.
In response to previous controversies, Attorney General Merrick Garland implemented a policy in 2021 that limited the circumstances under which reporters' records could be obtained. This move came after revelations that the Justice Department, under the Trump administration, had acquired records of journalists from prominent media outlets like The Washington Post, CNN, and The New York Times in leak investigations related to national security matters.
The inspector general's report highlighted instances where the Justice Department failed to adhere to established rules when seeking reporters' records in 2020. Notably, then-Attorney General William Barr did not explicitly approve the use of non-disclosure agreements, as required by department policy, when authorizing the seizure of records from media organizations.
Furthermore, the report revealed that the Justice Department had also targeted records of Democratic members of Congress and their staffers over leaks related to the Russia investigation. While no evidence of retaliatory or political motives was found, the requests were initiated based on the timing of staffers accessing classified material and subsequent news articles containing sensitive information.
Garland's policy outlined specific scenarios in which the Justice Department could still access reporters' records, such as suspicions of ties to foreign entities or terrorist groups, unrelated criminal activities, or obtaining information through illegal means.
This issue underscores the ongoing challenge for the Justice Department in balancing press freedom with national security concerns. Previous administrations, including those of President Barack Obama and Donald Trump, have faced criticism and scrutiny over leak investigations and actions perceived as encroachments on press freedom.
