DOJ codifies rule barring secret subpoenas of journalists’ records

The Justice Department has codified new regulations to protect a free and independent press. The new rules ban secret subpoenas for journalists' records.

There are exceptions in certain circumstances: like if the information could prevent a serious crime, if the journalist is the target of an investigation, if the records involve already public information, or if the journalist agrees to disclose the records.

Under the old regulations: Investigators could secretly obtain journalists' records through a court order without the journalists' knowledge.

President Biden vowed to end the practice in 2021 after news organizations revealed the Trump Administration seized records from reporters.