[17]DOJ PolicyAs a matter of policy, DOJ has historically imposed voluntary restrictions on its use of legal process to compel journalists to divulge information, as codified at 50 C.F.R. While there is no private right of action to enforce this policy, the policy provides important additional procedural protections. The new DOJ policy rescinds that bright-line rule and returns to a balancing test approach, like that employed by the DOJ prior to the Biden Administration’s reforms, to guide investigations involving members of the news media. [21] News media organizations should therefore anticipate that, under this new policy, DOJ will apply a lower standard of procedural protection when either classified information or other material harmful to the Administration is involved. [28] The new DOJ policy omits these provisions,[29] which allows DOJ further latitude in using the PPA’s exceptions to obtain material from journalists.

Source: New York Times February 09, 2026 19:40 UTC