Also in this playlist...
This transcript is automatically generated
Well the Justice Department issuing new guidelines about conducting leak investigations involving journalist.
The department adding new hurdles before prosecutors -- subpoenas and search warrants targeting reporters.
All of this comes after growing complaints that journalists -- rights were violated in some high profile cases.
Joining us now senior editor of the daily caller Jamie Weinstein thank you so much for joining us -- for having me.
So along with those accusations.
Accusations it it had in fact criminalized journalism.
That related to fox uses -- very own James Roseanne.
Who was named as a criminal co conspirator.
So that the DOJ could have access to his records his telephone records specifically and email.
So what about these new guidelines understand that there are five of them how did they change and what are these changes.
I think there's two really big ones here one of them I think from my reading weed prevent something from what happened to James Rosen from happening again.
You they they could not the Justice Department according the guidelines are prosecutors.
Charging journalist as a co conspirator in a crime for merely performing news gathering activities in order to get a subpoena for their records in a leak investigation.
So that looks to me like that would prevent a future James Rosen situation from happy it happening again.
The other big one I think people are pointing to.
Is that the the government would have to notify in most cases news organizations.
If they're -- -- subpoena records of a reporter that would give the news organizations are the ability to challenge that subpoena in court.
Now that's not completely -- -- complete and total the lead attorney general has the power according to the guidelines in rare circumstances.
Where the integrity of an investigation.
Could be -- harmed.
To -- that for 45 days and then another 45 days but it would have to be the attorney general himself -- -- that so the onus would be on him.
So so there it is possible that -- the -- a nine day period.
Where they be looking in and -- -- records without -- -- got a news organization knowing about it.
-- and and nothing in a new regulations I understand outright prohibit the seizure of media records correct.
Right now I there's -- there's nothing that prohibits that prosecutors can still subpoena and and get.
So there's certainly nothing that prohibits I but I also good -- there's another good part I think for transparency.
Is that -- the Justice Department is going to compile every year.
A list of the subpoenas or warrants that it requested from news organizations.
You know that's not gonna prevent anything but at least that's going to be out there four in full disclosure so people can see it and review it said everybody says that the positive I'm very Jamie there's going to be this sadly they're going to -- news media review review committee.
Right right it's not clear what powers they're gonna have it seems like they're just go to be able to.
To talk to the attorney general and give their opinion on what.
What should happen I -- not gonna be invested with so much power but I think the transparency angle is is a positive for sure.
So the attorney general he issued this statement he said that these revised guidelines will help ensure.
The proper balance is struck.
-- pursuing investigations into unauthorized disclosure so do you think that these improvements are these guidelines alone these five.
Strike that balance do you agree with ten or does more need to be done -- At the end of the day it's still at the discretion of the attorney general the attorney general can wave.
-- telling a news organization for ninety days if he if he wants to that they're investigating so you basically still -- the trust.
The attorney general in the Justice Department.
As you know many people especially on the right and even on the left these days don't have that much confidence in Eric Holder himself.
To strike that proper balance so there's still -- trust factor you have to have.
With whoever's running the Justice Department and said does it mean as of right now he's going to affect -- what's that next step.
As far as I know they they will go into effect very soon they haven't.
Give an exact date yet but the Justice Department saying that these will go into effect very soon they don't have to be passed by congress this is something that could be issued by the Justice Department so.
You know I we don't know exactly when yet but we're told very -- all right Jamie -- Contributing -- on -- thank you so much for joining us.
Thank you for having me.
Filter by section