Attorney General Pam Bondi has reignited the fight against government leaks by reinstating the Department of Justice’s authority to subpoena journalists’ phone records.
Axios reported that on Friday, Bondi announced the reversal of a restrictive Biden-era policy that shielded reporters from such actions. This move signals a bold stance against unauthorized disclosures within the administration.
Bondi’s decision overturns limitations set by former President Joe Biden and former Attorney General Merrick Garland, which curbed the DOJ’s ability to access reporters’ news-gathering materials. The policy shift aims to identify and punish those leaking sensitive information, a growing concern for national security.
The announcement follows recent referrals from National Intelligence Director Tulsi Gabbard, who flagged at least three suspected leakers on April 23, 2025.
Gabbard’s concerns stem from incidents like a leak within the Intelligence Community, which she noted in a March 2025 X post involved information shared with the Washington Post about Israel and Iran.
Gabbard’s referral did not pinpoint specific stories or journalists tied to the investigation. However, the Defense Department has been plagued by leaks, including reports portraying Defense Secretary Pete Hegseth as erratic and self-absorbed. One CBS report even claimed Hegseth installed a makeup studio at the Pentagon, fueling controversy.
The fallout from these leaks has been significant, with four individuals either fired or voluntarily departing the Pentagon amid the Hegseth controversies. Those individuals have denied any wrongdoing, but the incidents underscore the administration’s urgency to clamp down on unauthorized disclosures.
Bondi’s new rules mandate that news media comply with DOJ subpoenas when authorized at the appropriate level. She emphasized that subpoenas will be narrowly tailored to avoid overreach. This approach seeks to balance the need for accountability with respect for press freedoms.
Warrants targeting reporters’ materials must include safeguards to minimize interference with protected newsgathering activities, Bondi stated.
“This conduct is illegal and wrong, and it must stop,” she wrote in an internal memo, referring to the leaks undermining the administration. Her policy ensures that only essential information for prosecution will be sought.
Bondi’s guidelines require prosecutors to exhaust all alternative sources before pursuing journalists’ records. Negotiations with reporters must also precede any subpoena issuance. These steps aim to uphold transparency while addressing the administration’s security concerns.
In cases involving national security threats, exceptions to these protocols may apply, Bondi noted. “Subpoenas will be issued when there are reasonable grounds to believe that a crime has occurred and the information sought is essential to a successful prosecution,” she wrote. This carve-out reflects the gravity of leaks compromising sensitive operations.
The DOJ’s renewed ability to subpoena journalists marks a departure from Garland’s policies, which Bondi criticized as overly restrictive. “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,” Bondi stated in her memo.
Subpoenaed news outlets will receive advance notice, allowing them to prepare or challenge the orders. This provision aims to maintain fairness in the process. Bondi’s framework prioritizes precision to avoid broad fishing expeditions into journalists’ work.
The policy shift responds to a broader pattern of leaks, including those targeting Hegseth and the Intelligence Community. The administration views these disclosures as not only embarrassing but also potentially dangerous to national interests. Bondi’s actions signal a zero-tolerance approach to such breaches.
Gabbard’s March 2025 X post highlighted a specific leak involving Israel and Iran, underscoring the stakes of unchecked disclosures. “A leaker within the IC sharing information on Israel / Iran with the Washington Post,” she wrote, signaling the need for decisive action. Her referrals to Bondi catalyzed the policy reversal.
Critics may argue that targeting journalists’ records risks chilling press freedom, but Bondi’s supporters contend that leaks erode public trust and endanger security. The requirement to negotiate with reporters and limit subpoena scope addresses some of these concerns. The administration insists that accountability must take precedence.