Department Of Justice Issues New Rules Protecting Reporters From Being Forced To Turn Over Records

AG Garland

In reaction to the secret efforts by the DEPARTMENT OF JUSTICE under the TRUMP administration and then-Attorney General BILL BARR to seize reporters' email records, the current Attorney General, MERRICK GARLAND, has announced revised rules that will prevent the DOJ from using compulsory legal process such as subpoenas, warrants, or court orders to compel reporters to turn over records generated through the act of reporting, except under limited circumstances such as the commission of criminal acts. The move, codifying and expanding on a policy first established in a memo issued by GARLAND in JULY 2021, was sought after by news organizations, who called for action after the TRUMP DOJ's pursuit of emails of reporters at THE NEW YORK TIMES, THE WASHINGTON POST, and CNN became public.

“These regulations recognize the crucial role that a free and independent press plays in our democracy,” said GARLAND. “Because freedom of the press requires that members of the news media have the freedom to investigate and report the news, the new regulations are intended to provide enhanced protection to members of the news media from certain law enforcement tools and actions that might unreasonably impair newsgathering.”

“This revised policy is the result of a rigorous, year-long review process informed by multiple perspectives,” said Deputy Attorney General LISA O. MONACO. “The discussions and input received from internal and external stakeholders, including federal prosecutors and media representatives, were vital to shaping the final policy.”

NAB Pres./CEO CURTIS LEGEYT said, “NAB strongly supports the codification of new rules safeguarding journalists’ right to report the news without the threat of government interference. The use of confidential sources is pivotal to a free press’s responsibility to expose corruption, protect our democracy, ensure accountability and shine a light on the truth. Broadcasters appreciate Attorney General GARLAND for taking this important step, and we urge Congress to pass a federal shield law that would create long-lasting protections for a free and open press.”

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