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Review of DOJ Process to Obtain Records of Members of Congress, Media

DOJ Oversight and Review Division 25-01. Redacted For Public Release. A Review of the Department of Justice’s Issuance of Compulsory Process to Obtain Records of Members of Congress, Congressional Staffers, and Members of the News Media: “In the spring and summer of 2017, CNN.com (CNN), The New York Times, and The Washington Post published articles containing classified information, some of which was classified as Top Secret/Sensitive Compartmented Information. In May and June 2021, multiple news media outlets reported that, in 2020, the Department of Justice (Department or DOJ) issued compulsory process to obtain non-content communications records of reporters at CNN, The New York Times, and The Washington Post in an attempt to identify the sources of the leaked classified information. The reported revelations sparked widespread concern, including from the news media, that the  Department’s use of compulsory process was an encroachment on the news media’s ability to report  on government activities. Concerns also were raised about the Department’s use of non-disclosure orders (NDO)—sought by the Department and issued by federal courts—that prevented the reporters and newsroom leadership from learning about the use of compulsory process to seek reporters’ non-   content email records. Such NDOs could prevent reporters and news media companies from having an opportunity to challenge the compulsory process in court. Concerns also were expressed that the NDOs impeded the news media’s ability to report on the orders, thereby hindering public scrutiny of the government’s activities…”

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