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Justice Department defends decision to subpoena Wall Stre...
2026-05-12 · via Home - CBSNews.com

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Washington — The Justice Department defended itself on Tuesday after the Wall Street Journal revealed it has received subpoenas in connection with a leak investigation into its reporting on the war with Iran, with the department saying it was trying to protect the lives of soldiers who could be harmed by leaks of classified information.

"Prosecuting leakers who share our nation's secrets with reporters, in turn risking our national security and the lives of our soldiers, is a priority for this administration," Acting Attorney General Todd Blanche said in a statement shared with CBS News. "Any witness, whether a reporter or otherwise, who has information about these criminals should not be surprised if they receive a subpoena about the illegal leaking of classified material."

The Wall Street Journal said on Monday the subpoenas, which it received March 4, relate to a Feb. 23 article that reported the chairman of the Joint Chiefs of Staff and others at the Pentagon had warned President Trump about the risks of an extended military campaign against Iran. Other news media outlets published similar stories around the same time. 

The subpoenas demand records from Journal reporters, the paper said. A Justice Department official stressed that the subpoenas are not aimed at investigating the journalists themselves, but instead at tracking down government employees who are leaking classified information.

Nevertheless, the subpoenas appear to be an aggressive and unusual tactic that are likely to escalate tensions between the press and the Trump administration and raise further concerns over press freedoms.

Earlier this year, the FBI executed a search warrant at the home of Washington Post reporter Hannah Natanson where agents collected her phone, laptops, Garmin watch and portable hard drives as part of an investigation into a government contractor who was later indicted for allegedly disseminating classified material.

Historically in Espionage Act investigations into leaks of classified information, the department has pursued the leakers, not the journalists who receive the classified information.

In April 2025, then-Attorney General Pam Bondi issued a memo that made it easier for prosecutors investigating leaks to the news media to subpoena records and testimony from journalists, rescinding a policy implemented by Bondi's predecessor Merrick Garland.

Under Bondi's regulations, prosecutors in criminal investigations are allowed to use subpoenas, court orders and search warrants to compel "production of information and testimony by and relating to members of the news media," the memo stated at the time.

The Biden administration had previously imposed new restrictions that made it much harder to seize reporters' phones and email records. The department faced criticism in Mr. Trump's first term for secretly serving subpoenas on both journalists and congressional staff members in connection with leak investigations.

The Wall Street Journal, in its reporting, cited a statement from Dow Jones chief communications officer Ashok Sinha, who said the subpoenas "represent an attack on constitutionally protected newsgathering."

"We will vigorously oppose this effort to stifle and intimidate essential reporting," Sinha added.