RCFP: Trump Justice Department’s subpoenas for journalists’ records in 2020 raise First Amendment concerns

Today, the U.S. Department of Justice released the findings from its Inspector General investigation into the use of subpoenas and other legal authorities in leak investigations to obtain communication records of members of Congress, congressional staffers, and journalists.

Launched in 2021, the IG investigation found that the DOJ did not fully comply with the internal guidelines in place at the time restricting the department’s use of investigative tools to seize journalists’ records.

The investigation began after it became public that the DOJ, under President Donald Trump, sought records from reporters at CNN, The New York Times, and The Washington Post.

“The government seizure of reporters’ records hurts the public and raises serious First Amendment concerns,” said Reporters Committee for Freedom of the Press Executive Director Bruce D. Brown. “This investigation highlights the need for a reasonable, common-sense law to protect reporters and their sources. It’s time for Congress to pass the PRESS Act, which has overwhelming bipartisan support, to prevent government interference with the free flow of information to the public.”

Read the key findings and the full report.

The Reporters Committee regularly files friend-of-the-court briefs and its attorneys represent journalists and news organizations pro bono in court cases that involve First Amendment freedoms, the newsgathering rights of journalists and access to public information. Stay up-to-date on our work by signing up for our newsletters and following us on Bluesky, LinkedIn, Instagram, Facebook, and X.