Lawfare Archive: The Justice Department, Congress and the Press
Dec 21, 2024
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Join Quinta Jurecic, a national security law expert, former FBI agent Pete Strzok, Berkeley law professor Orin Kerr, and press freedom advocate Gabe Rottman as they dive into the controversial actions of the Justice Department regarding journalist and congressional records. They explore the ethical implications of government surveillance, the lack of accountability from past attorneys general, and the stark tensions between the press and government oversight. This conversation reveals critical insights into the balance of power and the fate of press freedoms.
The Justice Department's surveillance of journalists and Congress members during the Trump administration raised significant concerns about government transparency and press freedom.
Scrutinizing the legality of the Justice Department's actions highlights the importance of adhering to internal guidelines concerning media leak investigations.
The podcast discusses Congress's growing interest in investigating the Justice Department's conduct, reflecting the tension between executive power and legislative oversight.
Deep dives
Justice Department's Controversial Surveillance
The Justice Department faced significant backlash for obtaining phone and email records of various journalists and members of Congress during the Trump administration. These actions were criticized as potential abuses of power, raising concerns about the legality and appropriateness of targeting perceived political opponents and the media. Reports indicated the department had retrieved data linked to individuals involved in leak investigations, prompting calls for detailed investigations into the motives and processes behind these actions. The ensuing public outrage highlighted deeper issues regarding government transparency and the treatment of press freedom.
Legal and Policy Considerations
The podcast emphasizes the legal framework surrounding media leak investigations, particularly the internal guidelines established by the Justice Department to govern requests for journalist records. These guidelines are designed to ensure that such requests are treated with the utmost sensitivity and require attorney general approval under specific circumstances. The discussion raises critical questions about whether these policies were adhered to in the controversial cases, particularly concerning the presumption of notice that should typically inform affected journalists of such investigations. The adherence to these guidelines is scrutinized to assess the legitimacy of the actions taken against members of the press.
Congressional Reaction and Investigative Oversight
In light of the Justice Department's actions, Congress expressed significant outrage, with calls for investigations into the department's conduct. Some lawmakers suggested that congressional committees should take on the responsibility of investigating these matters themselves rather than relying solely on the Justice Department's Inspector General. This tension reflects a broader debate about the balance of power between the executive branch and Congress, particularly in oversight capabilities concerning sensitive investigations. As the discussions evolved, there seemed to be a growing interest within Congress to assert its investigative authority regarding the department's operations.
Media Leak Investigations and Historical Context
The conversation explores how the recent actions by the Justice Department align with a troubling historical trend of increasing government surveillance of the press. This pattern has been evident since before the Trump administration, with previous administrations also engaging in aggressive leak investigations. The podcast draws parallels to the Obama administration's extensive record of prosecuting journalists' sources, suggesting a continuity in the government’s approach toward media leak investigations. This context raises questions about the extent to which these investigations are driven by legitimate national security concerns versus political motivations.
Broader Implications for Press Freedom
The broader implications of these investigative tactics on press freedom and democratic accountability are significant. The podcast articulates the need for robust protections for journalists to ensure they can operate without fear of government overreach. There are serious concerns that aggressive investigations into journalists could chill reporting and undermine the essential role of the press in a democratic society. Ultimately, the discussion reflects a critical examination of the balance between national security interests and the fundamental rights of a free press, suggesting the necessity for reform to safeguard against future abuses.
From June 15, 2021: A spree of stories has emerged over the last week or so that the Justice Department under the prior administration obtained phone and email records of several journalists, several members of Congress and staffers, and even family members. It has provoked a mini scandal, calls for investigation, howls of rage and serious questions. To discuss it all, Benjamin Wittes sat down with Gabe Rottman of the Reporters Committee for Freedom of the Press, former FBI agent Pete Strzok, Lawfare senior editor Quinta Jurecic and Berkeley law professor and Lawfare contributing editor Orin Kerr. They talked about what we really know about these stories and what happened in these investigations. Was it all legal? Was it legitimate? How should it be investigated and by whom? And what does it mean that none of the prior attorneys general or deputy attorneys general seem to remember it?