Attorney General Pam Bondi rescinded Biden-era Justice Department policies that largely shielded journalists’ records from federal investigators on Friday, signaling a more aggressive approach toward leak prosecutions under President Donald Trump, Politico reported.
The Trump administration is dismantling policies adopted during Joe Biden’s presidency, which made it difficult for federal investigators to subpoena journalists and access their phone and email records.
Bondi announced the change in a four-page memo sent to all Justice Department staff Friday, obtained by Politico. Bondi said the previous rules were “abused,” allowing politically motivated leaks to be passed to “media allies” without consequence.
“The Justice Department will not tolerate unauthorized disclosures that undermine President Trump’s policies, victimize government agencies, and cause harm to the American people,” Bondi wrote.
Bondi’s memo referenced recent directives from President Trump calling for Justice Department investigations into former officials from his first term. Unlike past administrations, which typically avoid demanding specific investigations, Bondi’s memo named former cybersecurity official Christopher Krebs and alluded to former Homeland Security official Miles Taylor. It also mentioned a news story about Don Caldwell, an adviser to Defense Secretary Pete Hegseth, who was suspended amid a leak inquiry.
“Accountability, including criminal prosecutions, is necessary to set a new course,” Bondi wrote. She did not provide specifics about ongoing investigations or say whether those named are targets.
Press freedom advocates immediately voiced concern over the move, which many expected given Trump’s frequent public criticism of the press and leaks.
“Some of the most consequential reporting in U.S. history — from Watergate to warrantless wiretapping after 9/11 — was and continues to be made possible because reporters have been able to protect the identities of confidential sources and uncover and report stories that matter to people across the political spectrum,” said Bruce Brown, president of the Reporters Committee for Freedom of the Press.
“Strong protections for journalists serve the American public by safeguarding the free flow of information.”
Bondi’s directive marks a sharp retreat from the “overly broad” protections implemented by Attorney General Merrick Garland in 2021. Garland’s policies followed revelations that prosecutors had secretly obtained phone and email records of reporters from major outlets, including The Washington Post and The New York Times. While Garland’s rules limited government access to journalists’ information, they still allowed investigators to gather records from government officials suspected of leaks.
Despite the rollback, Bondi emphasized that the Justice Department’s new stance would not eliminate all safeguards for journalists.
She described investigative techniques involving journalists as “an extraordinary measure to be deployed as a last resort when essential to a successful investigation or prosecution.” Approval from senior officials will be required “in some instances,” and journalists “are presumptively entitled to advance notice” of search warrants and subpoenas, allowing them to challenge demands in court.
Without new regulations released Friday, it remains unclear whether Bondi’s changes revert entirely to pre-2021 practices or establish broader investigatory powers.
Meanwhile, bipartisan efforts in Congress to pass legislation granting journalists stronger federal protections have stalled. Though the Biden administration endorsed the legislation in 2021, it never became law.