Trump-era DOJ secretly seized phone records of three Washington Post reporters; disclosed May 2021
The Trump-era U.S. Department of Justice in 2020 obtained, via secret grand jury subpoena, the phone toll records of Washington Post national security reporters Ellen Nakashima, Greg Miller, and Adam Entous for the period April 15 – July 31, 2017. The DOJ also obtained a § 2703(d) court order for email metadata but stated it did not actually retrieve those email records. The Post was notified May 3, 2021 and publicly disclosed the seizure May 7, 2021.
Dates: Records period April 15 – July 31, 2017; orders authorized in 2020 under AG William Barr; reporter notification letters May 3, 2021; public disclosure May 7, 2021. Individuals and organizations: Ellen Nakashima, Greg Miller, Adam Entous (then or formerly Washington Post); Washington Post; AG William Barr; DOJ National Security Division. What happened: The DOJ secretly obtained phone toll records (numbers called, durations) for all three reporters through grand jury subpoenas, and also obtained a § 2703(d) order for non-content email metadata that the government said it did not ultimately execute. The reporters' coverage during the 2017 period included a July 2017 Post story revealing classified intelligence intercepts showing then-AG Jeff Sessions discussing the Trump campaign with Russian Ambassador Sergey Kislyak. The DOJ did not provide advance notice. The Biden-era DOJ sent notification letters May 3, 2021 in compliance with then-existing internal policies. Legal authority used: Grand jury subpoenas for toll records under 18 U.S.C. § 2703(c)(2); separate § 2703(d) court order for email metadata. Outcome: Phone records obtained and retained. Email metadata sought but not retrieved per DOJ. No journalist charged. No public source identification. The December 2024 DOJ Inspector General report (OIG 25-010) found prosecutors had 'sidestepped' internal review requirements and failed to provide advance notice. Why it matters: Confidential sources were directly at issue. The seizure was executed (not withdrawn). The disclosure, alongside parallel revelations about CNN and the New York Times, triggered the Garland media policy reform.