Obama DOJ secretly seizes two months of phone records from 20 Associated Press reporters and editors
In April–May 2012, the U.S. Department of Justice secretly subpoenaed two months of telephone records from at least 20 Associated Press reporters and editors across five AP offices. The seizure was disclosed publicly on May 13, 2013, when AP CEO Gary Pruitt called it a 'massive and unprecedented intrusion' into newsgathering. The investigation concerned an AP story revealing a CIA operation in Yemen.
Dates: Records covered April–May 2012; seizure executed without notice; AP notified and disclosed publicly May 13, 2013. Individuals and organizations: Approximately 20 AP reporters and editors across five offices (D.C., New York, Hartford, House press gallery); AP; AG Eric Holder (recused); Deputy AG James Cole (approved); USAO D.C. Ronald Machen; FBI. What happened: AP published a story on May 7, 2012 revealing a CIA operation that disrupted an al-Qaeda underwear bomb plot in Yemen. DOJ secretly subpoenaed two months of phone records from approximately 20 AP journalists' work, personal, and cell phones. DOJ invoked the 'extraordinary circumstances' exception under 28 C.F.R. § 50.10 to bypass advance notice. AP only learned of the seizure when DOJ provided notification more than a year later. Legal authority used: Grand jury subpoenas for telephone toll records; DOJ guidelines 'extraordinary circumstances' exception. Outcome: Records seized. Investigation ultimately led to the guilty plea of former FBI agent Donald Sachtleben in September 2013. No AP journalist charged or compelled to testify. Episode triggered the 2013–2015 revision of DOJ media guidelines and President Obama's directive for AG Holder to review all DOJ media policies. Why it matters: Confidential sources were directly at issue. The seizure was executed, not withdrawn. The disclosure produced the largest reform of federal media-process policies in decades and demonstrated the cumulative chilling effect of secret bulk metadata seizures on newsgathering.