DOJ revises 28 C.F.R. § 50.10 media guidelines in response to AP and Rosen scandals
Between July 2013 and January 2015, in response to public outcry over the AP phone records seizure and the James Rosen search warrant, the U.S. Department of Justice issued a comprehensive revision of 28 C.F.R. § 50.10. The revised guidelines prohibited labeling journalists as criminal co-conspirators solely to circumvent the Privacy Protection Act, required senior DOJ approval for media subpoenas and warrants, and mandated advance notice to news organizations except in narrow exceptions.
Dates: DOJ Report on Review of News Media Policies issued July 12, 2013; revised guidelines published February 27, 2014 (79 Fed. Reg. 10989); further revision January 21, 2015 (80 Fed. Reg. 3009). Individuals and organizations: AG Eric Holder; Deputy AG James Cole; Associate AG Tony West; news media organizations and press-freedom groups consulted. What happened: After the May 2013 disclosures of the AP phone-records seizure and the James Rosen email warrant, President Obama directed AG Holder to review DOJ media policies. The resulting revisions to 28 C.F.R. § 50.10 strengthened restrictions on compulsory process directed at journalists, including (1) banning use of journalists as 'co-conspirators' solely to bypass the Privacy Protection Act, (2) requiring senior DOJ approval for media subpoenas and warrants, (3) mandating advance notice to news organizations except in narrow exceptions, and (4) prohibiting 'aiding and abetting' or 'conspiracy' theories against reporters for routine newsgathering. Legal authority used: DOJ rulemaking; final rule published in Federal Register. Outcome: Guidelines codified at 28 C.F.R. § 50.10. Remained in effect through subsequent administrations (with further strengthening under Garland in 2021 and rescission under Bondi in 2025). Press-freedom groups noted the rules were internal executive guidance without statutory force. Why it matters: First major federal regulatory framework constraining DOJ compulsion against journalists since the original 1970s Levi guidelines. Established the baseline that subsequent administrations would strengthen, weaken, or rescind.