The Department of Justice during the Trump administration defied agency policy in an attempt to identify journalists’ sources, the agency’s inspector general alleges in a new report.
The IG alleges the agency sought “non-content communications records” — information like email logs, rather than the content of those conversations — on eight journalists across The New York Times, The Washington Post, and CNN. The Times had previously reported that Trump’s DOJ was looking into whether former Federal Bureau of Investigation Director James Comey had been the source of classified information that leaked in 2017 about Russian hackers.
The report comes just over a month before President-elect Donald Trump is set to resume office following his election win and raises questions about how his administration will handle similar information requests in the future. Senate Majority Leader Chuck Schumer (D-NY) attempted to pass the Protect Reporters from Exploitative State Spying (PRESS) Act by unanimous consent on Tuesday, but was blocked by Sen. Tom Cotton (R-AR). If passed, it would help protect reporters from having to reveal their sources.
The IG found that Trump’s DOJ in his first term failed to follow policy in seeking the journalist’s records, including neglecting to convene a committee to review the compulsory records requests. The alleged violation happened just a few years after the department under the Obama administration “overhauled” its policy regarding the news media following backlash over its aggressive tactics toward journalists. “We were troubled that these failures occurred only a few years after this overhaul,” the IG’s office writes.
Trump’s DOJ also sought similar kinds of records from two members of Congress and 43 congressional staffers across the political spectrum, the IG allegedly found, though the department did not have a policy at the time addressing this kind of information gathering.
“In our judgment, the Department’s deviation from its own requirements indicates a troubling disparity between, on the one hand, the regard expressed in Department policy for the role of the news media in American democracy and, on the other hand, the Department’s commitment to complying with the limits and requirements that it intended to safeguard that very role,” the IG’s report says.
In a memo from DOJ Associate Deputy Attorney General Bradley Weinsheimer included in the report, the agency 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.” Still, the DOJ agreed with the core recommendations from the IG, including considering changes to how certain information requests are escalated to more senior officials.