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WASHINGTON — The Justice Department on Wednesday formally banned the use of subpoenas, warrants or court orders to seize reporters’ communications records or demand their notes or testimony in an effort to uncover confidential sources in leak investigations, in what amounts to a major policy shift.
The rules institutionalize — and in places expand — a temporary policy that Attorney General Merrick B. Garland put in place in July 2021, after the revelation that the Justice Department, under Attorney General William P. Barr, had secretly pursued email records of reporters at The New York Times, The Washington Post and CNN.
After the scope of the Trump-era tactics against major news outlets came to light, Mr. Biden vowed to ban the practice. In apparent off-the-cuff remarks, he described it as “simply, simply wrong,” leading to Mr. Garland’s memo in July 2021. The codification of the changes will make it harder for a future administration to roll it back.
The rules institutionalize — and in places expand — a temporary policy that Attorney General Merrick B. Garland put in place in July 2021, after the revelation that the Justice Department, under Attorney General William P. Barr, had secretly pursued email records of reporters at The New York Times, The Washington Post and CNN.
After the scope of the Trump-era tactics against major news outlets came to light, Mr. Biden vowed to ban the practice. In apparent off-the-cuff remarks, he described it as “simply, simply wrong,” leading to Mr. Garland’s memo in July 2021. The codification of the changes will make it harder for a future administration to roll it back.
Garland Formally Bars Justice Dept. From Seizing Reporters’ Records (Published 2022)
The rule codifies and expands a policy he issued in 2021, after it came to light that the Trump administration had secretly gone after records of reporters for The Times, The Washington Post and CNN.
www.nytimes.com