The Department of Justice will subpoena journalists when investigating leaks, in a reversal of a Biden-era policy restricting the use of such methods.
According to a memo obtained by Axios, Attorney General Pam Bondi will roll back a policy brought in by her predecessor, Merrick Garland which limited the use of subpoenas to obtain information from journalists acting “with the scope of newsgathering activities.”
“I have concluded that it is necessary to rescind Merrick Garland’s policies precluding the Department of Justice from seeking records and compelling testimony from members of the news media in order to identify and punish the source of improper leaks,” Bondi wrote in the memo.
The new Trump administration has been dogged by leaks of sensitive information, which in some instances have compromised planned operations, including deportation raids.
Last month, the Justice Department launched a criminal investigation into a leak of classified information about Tren de Aragua, the Venezuelan gang targeted by the Trump administration for expedited deportation under the Alien Enemies Act.
After Trump designated the group as “alien enemies,” The New York Times reported a leaked intelligence document that it claimed challenges the legal basis for the designation.
The document clams with “moderate confidence” that Tren de Aragua are not operating under the direction of the Venezuelan government.
Deputy Attorney General Todd Blanche strongly condemned the leak and described it as a deliberate effort by elements of the Deep State to undermine President Trump’s deportation agenda.
“We will not tolerate politically motivated efforts by the Deep State to undercut President Trump’s agenda by leaking false information onto the pages of their allies at the New York Times,” Blanche said.
“The Alien Enemies Proclamation is supported by fact, law, and common sense, which we will establish in court and then expel the TDA [Tren de Aragua] terrorists from this country.”
The New York Times defended its reporting in a statement.
“Freedom of the press is a cornerstone of democracy and critical for citizens to hold their government accountable. Leak investigations are meant to chill communications between journalists and sources, and undermine the ability of a free press to bring out vital information that may otherwise be hidden,” the spokesperson said in a statement.
“Our story raised fundamental questions about whether the American people were getting a straight story about an important national security issue. That is precisely what journalists should be doing, no matter which party is in office.”
Other government departments have also faced a series of damaging leaks.
Director of National Intelligence Tulsi Gabbard issued a warning to members of the intelligence community after she said some of them had leaked information to news outlets including The Washington Post and HuffPost.
Secretary of Homeland Security Kristi Noem issued a similar warning after two employees at her department were arrested for leaking information. She said they would face up to ten years in prison.