The Lawfare Podcast Lawfare Archive: Gabe Rottman on the Justice Department's New Guidelines on Press Subpoenas
Oct 25, 2025
Gabe Rottman, an attorney and press-freedom expert with the Reporters Committee for Freedom of the Press, dives deep into the Justice Department's new guidelines on press subpoenas. He explores the historical evolution of these policies, from Nixon-era cases to recent shifts under the Garland administration. Rottman discusses the balance between protecting news gathering and addressing criminal activities. He also highlights the challenges freelancers and citizen journalists face, and the significant implications for press freedom and national security in today's environment.
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Origins Of The Press–DOJ Clash
- The reporter–Justice Department clash began before Watergate with subpoenas like Earl Caldwell's under AG John Mitchell.
- Those early conflicts triggered DOJ policies limiting subpoenas to the press that evolved after each controversy.
AP Subpoena And Rosen Sparked Guideline Changes
- High-profile actions like the AP phone records sweep and seizure of James Rosen's emails spurred major guideline revisions.
- Those incidents flipped DOJ presumptions on notice and expanded coverage to search warrants and phone records.
Garland's Historic Forbearance
- Merrick Garland's 2022 policy marked a historic DOJ forbearance from using compulsory process against journalists.
- The policy creates a near–bright-line ban on subpoenaing reporters for news-gathering activities.