Search warrants will not be sought against journalists carrying out ‘ordinary newsgathering activities’, effective immediately
The US Justice Department is revising its policies for dealing with reporters during the investigation of media leaks after complaints that journalists’ rights were violated in recent high-profile cases, a department official said on Friday.
Under the new guidelines search warrants will not be sought against journalists carrying out “ordinary newsgathering activities,” the official said.
In another change, the Justice Department will now, in most instances, notify news organizations in advance if a subpoena is being sought to obtain phone records.
The changes, which follow a review requested by President Obama, will go into effect “almost immediately,” the official said, but did not give a specific timetable.
Two cases sparked debate earlier this year about whether the Justice Department had been overzealous in investigating government leaks and had infringed on rights of free speech.
In one, prosecutors obtained a warrant to search Fox News correspondent James Rosen’s emails. He was named a “co-conspirator” in a federal leaks probe involving his reporting on North Korea.
In the other, the Justice Department seized Associated Press phone records without prior notification as part of a probe into leaks about a 2012 Yemen-based plot to bomb a US airliner.
The change in search warrant policy meant that prosecutors would face a “higher burden” if they sought a warrant to get access to a reporter’s work, the official said.
In the future, the Justice Department would not seek warrants in relation to reporters “if the sole purpose is the investigation of a person other than a member of the news media,” the official said.
Under the previous policy concerning notification of media organizations of subpoena requests, the department had a presumption against such a move. Now, notice will be given unless prosecutors can show that it would “pose a clear and substantial threat to the integrity of the investigation,” the official said.
Furthermore, the attorney general would have to sign off on such a finding. Previously, it was the head of the criminal division, according to the official.
The Justice Department official said the department had gone as far as it could go within existing law in seeking to protect journalists. A proposed media shield law, which Obama has said be supports, would go further, the official said.
Attorney General Eric Holder has said that prosecutors followed all laws and guidelines in recent cases. Holder personally authorized the searches of Fox News records, while his deputy, James Cole, authorized the search of Associated Press records. Existing Justice Department guidelines allow searches under rare circumstances, usually with notice to the news organization affected.
As part of the review process, Holder met representatives of various media organizations, including Reuters.
In the Associated Press case, investigators focused on how reporters learned about a US operation in Yemen to foil a plot to bomb an airliner, government officials have said. An AP story in May 2012 described the plot. The AP has reported that it delayed publishing the story at the request of government officials until security concerns were allayed.
US officials have said, however, that the leak compromised a US agent working to undermine Yemen-based al-Qaida in the Arabian peninsula (Aqap).
In the Fox case, Rosen, who was not prosecuted, had reported secret views of US intelligence officials about North Korea. The Justice Department is prosecuting Stephen Kim, a former State Department contract analyst, for leaking the information to Rosen.
Holder met with Obama in the White House on Friday to present the report. The full report was to be issued publicly later in the day.