The DOJ is reportedly working to make it easier to subpoena journalists' records
The Department of Justice is revising its guidelines for how prosecutors can compel journalists to share information, The Hill's John Solomon reported Monday, citing multiple unnamed sources familiar with the rule revision plans.
The changes have been overseen by the office of Deputy Attorney General Rod Rosenstein and have not yet been approved by Acting Attorney General Matt Whitaker or his predecessor, former Attorney General Jeff Sessions.
Under current guidelines, which date to the 1990s, prosecutors typically must seek journalists' records only as a matter of last resort, even when investigating leaks. News organizations are also notified before a subpoena is issued to allow for a period of negotiation.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The changes in process have two primary goals, The Hill's story says: "The first is to lower the threshold that prosecutors must meet before requesting subpoenas for journalists' records; the second is to eliminate the need to alert a media organization that Justice intends to issue a subpoena." Supporters of such a revision say it is necessary to speed criminal leak investigations; opponents like Solomon argue it will harm media freedom and force journalists to "face intrusions on their reporting for convenience rather than necessity."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
-
Her Lotus Year: Paul French's new biography sets lurid rumours straight
The Week Recommends Wallis Simpson's year in China is less scandalous, but 'more interesting' than previously thought
By The Week UK Published
-
Today's political cartoons - November 21, 2024
Cartoons Thursday's cartoons - wild cards, wild turkeys, and more
By The Week US Published
-
Say Nothing: 'sensational' dramatisation of Patrick Radden Keefe's bestselling book
The Week Recommends The series is a 'powerful reminder' of the Troubles
By The Week UK Published
-
Nobody seems surprised Wagner's Prigozhin died under suspicious circumstances
Speed Read
By Peter Weber Published
-
Western mountain climbers allegedly left Pakistani porter to die on K2
Speed Read
By Justin Klawans Published
-
'Circular saw blades' divide controversial Rio Grande buoys installed by Texas governor
Speed Read
By Peter Weber Published
-
Los Angeles city workers stage 1-day walkout over labor conditions
Speed Read
By Justin Klawans Published
-
Mega Millions jackpot climbs to an estimated $1.55 billion
Speed Read
By Catherine Garcia Published
-
Bangladesh dealing with worst dengue fever outbreak on record
Speed Read
By Catherine Garcia Published
-
Glacial outburst flooding in Juneau destroys homes
Speed Read
By Catherine Garcia Published
-
Scotland seeking 'monster hunters' to search for fabled Loch Ness creature
Speed Read
By Justin Klawans Published