https://www.nytimes.com/2021/06/02/us/trump-administration-phone-records-times-reporters.html Trump Administration Secretly Seized Phone Records of Times Reporters The admission by the Biden Justice Department followed similar recent disclosures to The Washington Post and CNN. WASHINGTON — The Trump Justice Department secretly seized the phone records of four New York Times reporters spanning nearly four months in 2017 as part of a leak investigation, the Biden administration disclosed on Wednesday. It was the latest in a series of revelations about the Trump administration secretly obtaining reporters’ communications records in an effort to uncover their sources. Last month, the Biden Justice Department disclosed Trump-era seizures of the phone logs of reporters who work for The Washington Post and the phone and email logs for a CNN reporter. Dean Baquet, the executive editor of The Times, condemned the action by the Trump administration. “Seizing the phone records of journalists profoundly undermines press freedom,” he said in a statement. “It threatens to silence the sources we depend on to provide the public with essential information about what the government is doing.” Last month, after the disclosures about the seizures of communications records involving Post and CNN reporters, President Biden said he would not allow the department to take such a step during his administration, calling it “simply, simply wrong.” Referring to that declaration, Mr. Baquet added: “President Biden has said this sort of interference with a free press will not be tolerated in his administration. We expect the Department of Justice to explain why this action was taken and what steps are being taken to make certain it does not happen again in the future.” Anthony Coley, a Justice Department spokesman, said that law enforcement officials obtained the records in 2020, and added that “members of the news media have now been notified in every instance” of leak investigations from the 2019-2020 period in which their records were sought. The department informed The Times that law enforcement officials had seized phone records from Jan. 14 to April 30, 2017, for four Times reporters: Matt Apuzzo, Adam Goldman, Eric Lichtblau and Michael S. Schmidt. The government also secured a court order to seize logs — but not contents — of their emails, it said, but “no records were obtained.” The Justice Department did not say which article was being investigated. But the lineup of reporters and the timing suggested that the leak investigation related to classified information reported in an April 22, 2017, article the four reporters wrote about how James B. Comey, then the F.B.I. director, handled politically charged investigations during the 2016 presidential election. Discussing Mr. Comey’s unorthodox decision to announce in July 2016 that the F.B.I. was recommending against charging Hillary Clinton in relation to her use of a private email server to conduct government business while secretary of state, the April 2017 article mentioned a document obtained from Russia by hackers working for Dutch intelligence officials. The document, whose existence was classified, was said to have played a key role in Mr. Comey’s thinking about the Clinton case. The document has been described as a memo or email written by a Democratic operative who expressed confidence that the attorney general at the time, Loretta Lynch, would keep the Clinton investigation from going too far. Russian hackers had obtained the document, but it is apparently not among those that Russia sent to WikiLeaks, intelligence officials concluded. Mr. Comey was said to be worried that if Ms. Lynch were to be the one who announced a decision not to charge Mrs. Clinton, and Russia then made the document public, it would be used to raise doubts about the independence of the investigation and the legitimacy of the outcome. The Times reported in January 2020 that Trump-era investigators had pursued a leak investigation into whether Mr. Comey had been the source of the unauthorized disclosure in that 2017 article. Mr. Comey had been under scrutiny since 2017, after Mr. Trump fired him as the director of the F.B.I. After his dismissal, Mr. Comey engineered — through his friend Daniel Richman, a Columbia University law professor — the disclosure to The Times of accounts of several of his conversations with the president related to the Russia investigation. The inquiry into Mr. Comey, according to three people briefed on that investigation, was eventually code-named Arctic Haze. Its focus was said to evolve over time, as investigators shifted from scrutinizing whether they could charge Mr. Comey with a crime for disclosing his conversations with Mr. Trump, to whether he had anything to do with the disclosure of the existence of the document. As part of that effort, law enforcement officials had seized Mr. Richman’s phone and computer, according to a person familiar with the matter. They are said to have initially searched them for material about Mr. Comey’s conversations with Mr. Trump, and later obtained a court’s permission to search them again, apparently about the Russia document matter. Separately, according to a person briefed on the investigation, the F.B.I. is also said to have subpoenaed Google in 2020, seeking information relevant to any emails between Mr. Richman and The Times. A spokesman for Google did not respond to a request for comment. But by November 2020, some prosecutors felt that the F.B.I. had not found evidence that could support any charges against Mr. Comey, and they discussed whether the investigation should be closed. At the beginning of this year, prosecutors were informed that the F.B.I. was not willing to close the case — in part because agents still wanted to interview Mr. Comey, according to a person familiar with the F.B.I.’s inquiry. Interviewing the subject of an investigation is typically considered a final step before closing a matter or bringing charges. Last month, the F.B.I. asked Mr. Comey’s lawyer whether he would be willing to sit down for an interview, a request that Mr. Comey declined, according to a person familiar with the case. Starting midway through the George W. Bush administration, and extending through the Barack Obama and Donald Trump administrations, the Justice Department became more aggressive about pursuing criminal leak investigations. Mr. Lichtblau — who is no longer with The Times — came under scrutiny early in that period because he co-wrote a 2005 Times article disclosing the warrantless surveillance program that Mr. Bush had secretly authorized after the Sept. 11, 2001, attacks. The Bush administration convened a special task force to hunt for the sources of that article, and its new approach spilled over into unrelated cases during the Obama administration. In 2013, Mr. Apuzzo and Mr. Goldman — who were then working for The Associated Press and had broken news about a bomb plot by a Qaeda affiliate in Yemen — were notified that the Obama-era department had secretly subpoenaed two months of their phone records, along with those of other reporters and editors at The A.P. That same month, it also emerged that in a leak investigation about a Fox News article involving North Korea’s nuclear program, the Obama Justice Department had used a search warrant to obtain a Fox News reporter’s emails — and characterized the reporter as a criminal conspirator. The disclosures prompted a bipartisan uproar, and Mr. Obama instructed the attorney general at the time, Eric H. Holder Jr., to review rules for criminal investigations that affect the news media. Mr. Holder tightened them, including strengthening a preference for notifying a news organization in advance about a planned subpoena so it could negotiate or fight in court over its scope. After the changes, the rate of new leak cases dropped significantly during Mr. Obama’s second term. But under Mr. Trump, who liked to attack the news media as the “enemy of the people,” the practice resurged. In August 2017, Attorney General Jeff Sessions said that the number of leak inquiries had tripled. And under his successor, Attorney General William P. Barr, it is now clear, the department further escalated its aggressive approach to leak investigations.
Stop the Presses: Lincoln Suppresses Journalism https://www.historynet.com/stop-the-presses-lincoln-suppresses-journalism.htm Based on this argument, the administration began conducting—or, when it occurred spontaneously, tolerating—repressive actions against opposition newspapers. At their most unobjectionable level, the safeguards were initially meant to keep secret military information off the telegraph wires and out of the press. But in other early cases censors also prevented the publication of prosecession sentiments that might encourage border states out of the Union. In an anonymous dispatch for the New York Examiner, presidential clerk William Stoddard probably spoke for the White House in complaining that, cut off from their usual sources, “the legion of daily newspaper reporters” roamed “the streets and camps…pouncing, with hawk-like avidity, upon every poor little stray item which, in their palmier days, they would have scorned to notice.” And some of those “items,” the administration believed, should remain secret. Eventually, the military and the government began punishing editorial opposition to the war itself. Authorities banned pro-peace newspapers from the U.S. mails, shut down newspaper offices and confiscated printing materials. They intimidated, and sometimes imprisoned, reporters, editors and publishers who sympathized with the South or objected to an armed struggle to restore the Union. For the first year of the war, Lincoln left no trail of documents attesting to any personal conviction that dissenting newspapers ought to be muzzled. But neither did he say anything to control or contradict such efforts when they were undertaken, however haphazardly, by his Cabinet officers or military commanders. Lincoln did not initiate press suppression and remained ambivalent about its execution, but seldom intervened to prevent it.
https://thehill.com/homenews/media/557614-trump-doj-spent-half-a-year-pursuing-cnn-reporters-records Trump DOJ spent half a year pursuing CNN reporter's records The Justice Department under former President Trump secretly spent half a year to obtain records from CNN Pentagon reporter Barbara Starr. CNN’s lead attorney, David Vigilante, informed the news outlet that he was placed under a gag order under which he was strictly limited to who he could speak to about the effort. CNN previously reported that the Department informed Starr on May 13 that prosecutors obtained her phone and email records from June 1-July 31, 2017. At the time, it was not clear when the search occurred. But Vigilante told the news outlet Wednesday that in July 2020, the DOJ demanded CNN produce what would have been 30,000 email records from Starr. The attorney also said at the time, he was placed under a gag order severely limiting who he could talk with about the effort — the network’s president, attorneys at CNN’s corporate parent and attorneys at an outside firm. He couldn’t even tell Starr about the effort. CNN began fighting the order for Starr’s records in court in September 2020 and was finally able to reach a resolution on January 26, 2021. At that point, the gag order on Vigilante was also lifted. Vigilante said in a live interview that he still doesn’t know exactly what the government was looking for. “Truthfully, I really did not have any idea of what the government wanted and, candidly, to this day I don't know because it was such an opaque process,” Vigilante said. The disclosure comes after the DOJ said on Saturday that it was no longer seeking records from reporters as part of leak investigations. Senators seek Supreme Court travel records in probe of judiciary... House Judiciary Democrats call on DOJ to reverse decision on Trump... The Biden administration has been under scrutiny in recent weeks as news outlets reveal the lengths the Trump administration went to obtain records from reporters. Aside from CNN, The Washington Post and The New York Times have also been notified by the DOJ that the Trump administration sought records from several of its reporters. The Times further revealed last Friday that the Department obtained a gag order to prevent the effort to obtain email logs from four of its reporters from going public.