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Opinion | The loopholes may be smaller in the Justice Department s new media rules, but they re still there
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‘US won’t compel journalists to reveal sources’
July 21, 2021
WASHINGTON: The US government pledged Monday to steer clear of legal orders that force journalists to reveal their sources, with only rare exceptions, reversing course after revelations of secret efforts to obtain information from the media.
A statement from the agency said it would no longer use the compulsory legal process including subpoenas or warrants to obtain records or identify sources from journalists involved in newsgathering activities.
The new policy comes following revelations that former president Donald Trump´s Justice Department secretly obtained phone records of journalists investigating his administration, inducing from CNN, the Washington Post and New York Times. The statement said the policy shift was made because a free and independent press is vital to the functioning of our democracy.
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Jul 19, 2021 08:51 PM EDT
(Photo : Pexels / Burak Kebapci) US Attorney General Merrick Garland issued a memo that would limit abuse of authority in acquiring or seizing journalist or media records.
United States Attorney General Merrick Garland announced that the Justice Department will no longer take advantage of the compulsory legal process to threaten journalists in their efforts to gather news.
In a memo released on Monday, Garland made the announcement but noted that he did not completely remove the possibility of using the legal process against journalists. He said the legal process could be used only in limited circumstances such as subpoenas, warrants, and court orders.
The memo makes clear that federal prosecutors can, in some cases, obtain journalists records. Those exceptions include if the reporters are suspected of working for agents of a foreign power or terrorist organizations, if they are under investigation for unrelated activities or if they obtained their information through criminal methods like breaking and entering. There are also exceptions for situations with imminent risks, like kidnappings or crimes against children.
Garland was moved to act following an outcry over revelations that the department during the Trump administration had obtained records belonging to journalists at The Washington Post, CNN and The New York Times as part of investigations into who had disclosed government secrets related to the Russia investigation and other national security matters.
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