The Lawfare Podcast Lawfare Archive: The Justice Department, Congress and the Press
Dec 21, 2024
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.
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Justice Department Guidelines for Media Leaks
- The Justice Department has internal guidelines for obtaining journalists' information in leak investigations.
- These guidelines emphasize notice to the journalist, unless specific exceptions like national security threats exist.
Confusion over "Records"
- The term "records" is used broadly and differently in media leak investigations, causing confusion.
- Subpoenas might reveal congressional connections unintentionally, as the government may not initially know the account owner.
Subpoenas vs. Targeted Investigations
- It's likely the Justice Department didn't target Congress directly.
- Apple's subpoenas likely sought account ownership, not communication content, differing from media record requests.