DOJ Inspector General report finds Trump-era prosecutors bypassed internal protections for journalist records seizures
On December 10, 2024, the Department of Justice Office of the Inspector General released Report 25-010, a comprehensive review of the DOJ's use of compulsory process to obtain records of journalists and members of Congress. The report confirmed that Trump-era prosecutors had repeatedly bypassed internal review requirements when subpoenaing journalists at the New York Times, Washington Post, and CNN, and that the Biden DOJ continued one gag order for a period before dropping it.
Date: December 10, 2024. Individuals and organizations: DOJ Inspector General Michael E. Horowitz; affected outlets including NYT, WaPo, CNN; congressional staff. What happened: The OIG examined the secret records demands authorized during 2017–2021 against Washington Post, CNN, and New York Times reporters and parallel demands against members of Congress. Key findings: prosecutors bypassed advance-notice requirements under 28 C.F.R. § 50.10 in all three media cases; attorney-general personal approval requirements were inconsistently documented; the Biden DOJ continued the NYT email-case gag for months before dropping it; the IG recommended stronger statutory and regulatory protections. Legal authority used: DOJ OIG investigative authority under 5 U.S.C. App. (Inspector General Act). Outcome: Report published; no enforcement consequences. Validated press-freedom advocacy for the PRESS Act federal shield law, which passed the House in 2024 but stalled in the Senate. Why it matters: The OIG report is the most detailed public accounting of journalist surveillance by the federal government and the only such review conducted by an internal watchdog with subpoena power and classified-access. It confirmed many of the press-freedom community's contemporaneous allegations and documented procedural failures that crossed administrations.