Attorney General Pam Bondi announced a new policy allowing federal authorities to pursue reporters' records and testimonies in leak investigations, reversing protections established by the Biden administration. This policy change is intended to safeguard a broad range of information, including classified and sensitive data, beyond what is typically covered by criminal law. Although the memo restores some procedural protections requiring high-level approvals, it expands the scope to include leaks that undermine Trump administration policies. First Amendment advocates express concern about the implications for press freedom, emphasizing the historical importance of confidential sources in journalism. The Justice Department will still need to demonstrate reasonable grounds for believing a crime has occurred and that the information is crucial for prosecution, while considering negotiations with journalists when no imminent threat is present.

Attorney General Pam Bondi's memo permits federal authorities to seek reporters' phone records and compel their testimony in leak investigations, overturning Biden-era protections for journalists.

The new policy aims to protect a wide range of government secrets, including classified and sensitive information, beyond what is traditionally covered by criminal statutes.

While procedural protections still require senior Justice Department approvals, the memo's vague language suggests a broader scope, targeting leaks that undermine administration policies.

First Amendment advocates warn that strong protections for journalists are crucial for maintaining the free flow of information, vital for public knowledge and accountability.

Historically, the Justice Department has avoided prosecuting journalists for possessing classified information, focusing instead on identifying and prosecuting the sources of leaks.

The Bondi memo mandates that prosecutors must demonstrate reasonable grounds for believing a crime occurred and exhaust other avenues before seeking journalist information through court orders.

Consideration of negotiations with journalists is required in cases where national security, investigation integrity, or bodily harm threats are not present.