07/19/2021 4:49 PM
Clarín.com
World
Updated 07/19/2021 4:49 PM
The Joe Biden administration barred U.S. federal prosecutors from using warrants or subpoenas
to identify journalists' sources
, after such efforts were revealed under former President Donald Trump.
"The Department of Justice will no longer use mandatory legal process for the purpose of obtaining information or records from members of the media
related to its news gathering activities,
" Attorney General Merrick Garland wrote in a directive to the federal prosecutors.
The new rule also
applies to the dissemination of classified information
, he said, which represents a great change demanded for years by associations that defend press freedom.
Prosecutors, however,
retain the use of their legal arsenal against those suspected
of being the source of confidential information leaks.
Donald Trump, in January 2021. AP Photo
The directive provides for some exceptions:
if the journalist is suspected of having committed an illegal act
, for example, insider trading, or has used a prohibited method, such as intrusion into protected systems;
or if it is to avoid the commission of a serious act, such as kidnappings or attacks.
To ensure that the measure lasts over time, Garland asked his services to review all regulations related to journalists
in order to promote the passage of a law in Congress.
This change comes after the revelation of a secret legal battle waged by the Trump administration
to obtain the emails of New York Times reporters
in order to identify their sources.
Former President Barack Obama.
Reuters photo
The CNN network also reported that the government of the former Republican president had secretly searched and obtained
the telephone and email records of his correspondents.
In the United States,
leaking confidential information is illegal
under the Espionage Act of 1917.
Changes
Until now, federal prosecutors could issue warrants, especially with phone companies or tech giants, to trace the origin of leaks, or even charge
or arrest journalists to identify their perpetrators.
All governments,
Republicans and Democrats
alike, have turned to these legal weapons.
The most emblematic case is that of journalist Judith Miller who, in 2005,
spent almost three months in prison because she did not want to reveal her sources
, in a case of disclosure of the identity of a CIA policeman.
After a scandal in 2013, the Democratic administration of Barack Obama
created new rules
and imposed the need to obtain a green light from senior Justice Department officials for any mandate against journalists, but without giving up the practice.
As soon as he arrived at the White House in 2017, Trump
stepped up efforts to punish those responsible for the leaks
, described as "traitors."
In 2018, the courts
confiscated the electronic correspondence between a New York Times journalist
and a former head of the Senate Intelligence Committee with whom she had a relationship and who had communicated confidential information.
In early June, the Biden administration
announced its intention to forgo these coercive tools.
"Summoning journalists in connection with investigations of political leaks is
inconsistent with the president's political orientation
," said White House spokeswoman Jen Psaki.
This is "a necessary and important measure
to protect press freedom
during a critical period," particularly the group Reporters Committee for Freedom of the Press.
"This new historic policy will
allow journalists to do their job
of informing the public without having to fear interference from the federal government in their relationship with their sources," the association added.
Source: AFP
PB
Look also
The US accused China of being behind a cyber attack on Microsoft's email servers
Joe Biden affirmed that he is open to sending Cuba "significant quantities" of vaccines against the coronavirus
