DOJ rescinds Biden-era guidelines protecting journalists from subpoenas
Attorney General Pam Bondi rescinded Biden-era Justice Department guidelines that had barred prosecutors from seeking reporters' records or testimony to identify government leak sources, reinstating a discretionary balancing test.1
- Country
- United States
- Where
- United States
- Level of government
- National
- Tactic
- Surveillance and subpoenas
- Outcome
- Unknown
- Era
- The 2020s
What happened
On April 25, 2025, Attorney General Pam Bondi rescinded Justice Department guidelines adopted under the Biden administration that had created a bright-line rule against subpoenaing journalists' records or compelling their testimony to identify sources of unauthorized leaks. The rescission reverted DOJ policy to a pre-2022 balancing test weighing law-enforcement interests against press-freedom concerns, reopening the door to compelled testimony and records demands against journalists in leak investigations. The prior guidelines, adopted after revelations that the Trump administration's first term and later the Biden Justice Department had secretly obtained reporters' phone and email records, had been credited by press-freedom groups with sharply reducing such seizures. The Reporters Committee for Freedom of the Press said the reopened balancing test and the leak investigations it enables "chill newsgathering and reporting in the public interest."2314
In effect; no subsequent restoration of the Biden-era guidelines has been reported.4
What reason was given
A DOJ memo said leaks of sensitive government information to the media "undermines the ability of the Department of Justice to uphold the rule of law, protect civil rights, and keep America safe."2
What changed for reporting
Journalists covering national security and law enforcement face renewed exposure to subpoenas and compelled testimony in leak investigations, a risk the prior guidelines had been designed to foreclose.3
Timeline
2025
Who acted
| Name | Role in this incident | Office at the time |
|---|---|---|
| Pam Bondi | ordered | Attorney General of the United States |
| United States Department of Justice | enforced | Federal executive department |
Sources
Claims cited
- Attorney General Bondi rescinded the Biden-era media guidelines.
On April 25, Attorney General Pam Bondi issued a memorandum to all U.S. Department of Justice employees titled '[Updated Policy Regarding Obtaining Information From, or Records of, Members of the News Media]
DOJ rescinds news media guidelines: analysis archived copy, Reporters Committee for Freedom of the Press, 2025-04-25. Claim 102, checked 2026-09-22. - A DOJ memo framed the rescission as necessary to combat leaks.
Federal government employees intentionally leaking sensitive information to the media undermines the ability of the Department of Justice to uphold the rule of law, protect civil rights, and keep America safe.
DOJ rescinds news media guidelines: analysis archived copy, Reporters Committee for Freedom of the Press, 2025-04-25. Claim 10, checked 2026-09-22. - The rescission reopened the door to compelling journalists' testimony and records in leak investigations.
By their nature, leak investigations chill newsgathering and reporting in the public interest.
DOJ rescinds news media guidelines: analysis archived copy, Reporters Committee for Freedom of the Press, 2025-04-25. Claim 11, checked 2026-09-22. - The rescission remains in force as of this writing.
The text of the revised regulation confirms that Bondi has rescinded the reforms implemented by former Attorney General Merrick Garland in a 2021 memo and the 2022 rewrite of the 50.10 guidelines.
DOJ rescinds news media guidelines: analysis archived copy, Reporters Committee for Freedom of the Press, 2025-04-25. Claim 103, checked 2026-09-22.