Garland backs legislation to end subpoenas for reporters' records
Attorney General Merrick Garland has endorsed the idea of legislation to create an enduring ban on federal prosecutors subpoenaing reporters or their phone or email records in federal investigations, but he stopped short of announcing an official endorsement on behalf of the Biden administration.
During a press conference at Justice Department headquarters Friday, Garland reiterated that he is planning both an informal directive and new regulations to implement the policy change he announced last month ending such demands. That move followed public statements from President Joe Biden expressing outrage at recent disclosures that the Justice Department sought phone and email records from New York Times, Washington Post and CNN reporters in connection with leak investigations.
However, Garland went further than he has publicly in the past by also backing in general terms the suggestion of many First Amendment advocates that such protections should be enshrined in law possibly as part of a reporters' shield law.
"You are right in suggesting that the only way to make it permanently durable is through legislation and I, personally, will support working with Congress to develop legislation that would make protections for obtaining the press records part of the legislation," the attorney general said in response to a journalist's question on the topic.
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