The Department of Justice (DOJ) during the Trump administration allegedly broke its own policy in an attempt to uncover journalists' sources, according to a new report from the agency's inspector general. The report claims that the DOJ sought "non-content communications records" of eight journalists from The New York Times, The Washington Post, and CNN, sparking concerns about press freedom and the protection of journalistic sources.
The inspector general's report alleges that the DOJ failed to follow its own policy in seeking the journalists' records, neglecting to convene a committee to review the compulsory records requests. This deviation from policy is particularly troubling, given that it occurred just a few years after the DOJ under the Obama administration overhauled its policy regarding the news media following backlash over its aggressive tactics toward journalists.
The report's findings have significant implications for the protection of journalistic sources and the freedom of the press. The incident has sparked concerns that the DOJ may have violated the rights of journalists to protect their sources, a fundamental principle of a free press. The report's release comes at a critical time, just over a month before President-elect Donald Trump is set to resume office, and raises questions about how his administration will handle similar information requests in the future.
In response to the report, Senate Majority Leader Chuck Schumer (D-NY) attempted to pass the Protect Reporters from Exploitative State Spying (PRESS) Act by unanimous consent, but was blocked by Sen. Tom Cotton (R-AR). The PRESS Act aims to protect reporters from having to reveal their sources, and its passage could help to safeguard the independence of the press.
The inspector general's report also found that the DOJ sought similar records from two members of Congress and 43 congressional staffers across the political spectrum, although the department did not have a policy at the time addressing this kind of information gathering. This raises further concerns about the DOJ's handling of sensitive information and its potential impact on the democratic process.
In a memo included in the report, the DOJ acknowledged the inspector general's findings and agreed with the core recommendations, including considering changes to how certain information requests are escalated to more senior officials. However, the memo also noted that much of the report focuses on matters "undertaken before the Department's revised News Media and Congressional Investigations policies were put into place that changed the operative requirements."
The incident highlights the ongoing tension between the government's need to investigate and prosecute crimes, and the need to protect the independence and integrity of the press. As the report's findings demonstrate, the balance between these competing interests is delicate, and any deviation from established policies can have serious consequences for the freedom of the press and the democratic process.
In the coming months, it will be crucial to monitor the Trump administration's handling of information requests and its commitment to protecting journalistic sources. The passage of the PRESS Act and other measures to safeguard press freedom could be essential in ensuring that the government does not overstep its bounds and undermine the independence of the press.