"By institutionalizing the persecution of journalists and their sources, she’s laying the groundwork for a full-scale assault on press freedom"

 

In the dark corners of America’s halls of power, something sinister is unfolding. Attorney General Pam Bondi has just launched an assault on one of the most sacred pillars of our democracy: the freedom of the press. And make no mistake, this isn’t just another policy change. It’s a deliberate strategy straight from the dictator’s playbook.

Last week, Bondi quietly issued a memo rescinding vital protections for journalists that had prevented the government from forcing reporters to reveal their sources or surrender their notes during leak investigations. This wasn’t just any memo; it was a declaration of war against the very foundation of press freedom in America.

Bondi’s memo, released late on a Friday afternoon (a classic timing choice to minimize media attention), rescinded policies that had limited when and how Justice Department attorneys could pursue records or testimony from journalists, including in cases involving the unauthorized disclosure of government secrets to the press. The implications are chilling and immediate.

The Justice Department will now allow federal investigators to pursue communications from media outlets in government leak investigations, marking a complete reversal of Biden-era (and previous administrations’) policies that protected journalists from becoming targets of government intimidation.

Bondi’s justification? The Justice Department “will not tolerate unauthorized disclosures that undermine President Trump’s policies, victimize government agencies, and cause harm to the American people.”

Did you catch that? Not disclosures that threaten national security, but those that “undermine President Trump’s policies.” Since when did the President’s policies become sacred and beyond scrutiny? Since when did exposing wrongdoing by our government become a crime against “the American people”?

Throughout our history, ethical government officials who leaked information to the press have been essential to maintaining our democracy. They’ve exposed corruption, illegal wars, and unconstitutional surveillance, and in many cases they’ve paid a heavy price for their courage.

Take my old friend and correspondent Daniel Ellsberg, perhaps America’s most famous whistleblower. In 1971, Ellsberg leaked the Pentagon Papers, exposing how multiple presidents had systematically lied to the American people about the Vietnam War.

He believed the documents contained “evidence of a quarter century of aggression, broken treaties, deceptions, stolen elections, lies and murder.” His brave act helped change public opinion and ultimately contributed to ending that disastrous war.

When Ellsberg released the Pentagon Papers, the Nixon administration tried to block their publication. The Supreme Court ruling in New York Times Co. v. United States upholding the press’s right to publish has been called one of the “modern pillars” of First Amendment rights with respect to freedom of the press.

That same Nixon administration that tried to silence Ellsberg created the infamous “White House Plumbers” unit to stop leaks, which later led directly to the Watergate scandal and Nixon’s downfall.

History shows that when presidents attack whistleblowers and the press, they’re usually trying to hide their own misdeeds. And it sure feels like that’s exactly what Bondi and Trump are now up to.

In more recent history, we’ve seen Edward Snowden expose the NSA’s mass surveillance programs and Chelsea Manning reveal troubling military actions, including the killing of civilians. Both were driven by their conviction that the American people deserved to know about government overreach and misconduct.

The Founders understood that a democracy cannot function without an informed citizenry, and citizens cannot be informed without a free press that can hold the powerful accountable. That’s why they enshrined press freedom in the First Amendment; they knew from bitter experience that power corrupts, and that the powerful will always seek to hide their corruption.

A free press serves as our early warning system against government overreach and abuse. When journalists can protect their sources, those inside the government who witness wrongdoing can come forward without fear of retribution. This critical flow of information is what Bondi is now trying to shut down.

Bondi’s actions come in the midst of an aggressive campaign against unauthorized leaking in Trump’s second administration. Director of National Intelligence Tulsi Gabbard has already referred “two intelligence community leakers” to the Justice Department for potential prosecutions, with a third referral on the way.

What we’re witnessing is step one in the dictator’s playbook: silence those who tell the truth about your regime. We’ve seen this pattern in Russia, Hungary, Turkey, and countless other countries where democracy has withered into authoritarianism. First, attack the press. Then, criminalize dissent. Intimidate lawmakers, lawyers, and judges. Finally, consolidate power in the hands of a single leader.

Bondi’s memo added that there will be procedures in place before members of the media are compelled to testify or their records are seized, but that doesn’t change the fact that the Justice Department is now prepared to compel journalists to testify, and their records will be subject to seizure.

But the most alarming part of all is what Bondi reportedly wants to do next. According to sources close to the Justice Department, she has argued that leakers — or even reporters — who provide information that she doesn’t like could be prosecuted for treason, a crime that carries the death penalty. Let that sink in: the Attorney General of the United States believes that journalists doing their constitutionally protected job could be subject to execution.

I’ve been covering American politics for five decades, and just to be very clear: This is not normal. This is not just another partisan policy dispute. This is an existential threat to our constitutional system of government.

When a government official can decide that reporting unflattering information is “treason,” we’re no longer living in a democracy. We’re living in an authoritarian state where power flows from the top down, not from the people up.

Bondi’s actions reveal the Trump administration’s true nature. They have no interest in our democratic traditions or constitutional liberties. Their only goal is to consolidate power and silence dissent.

The U.S. Press Freedom Tracker, which documents threats to press freedom, has already condemned Bondi’s decision and criticized Republicans in Congress who killed a federal shield law in 2024 that would have protected journalists from such subpoenas.

We’ve seen this before. Nixon’s attacks on the press were a precursor to his abuses of power. The Bush administration’s aggressive prosecutions of leakers after 9/11 helped enable his unconstitutional torture program and illegal surveillance. And Trump’s first term was marked by constant rhetorical attacks on the press as “enemies of the people.”

But this move by Bondi takes things to a new and dangerous level. By institutionalizing the persecution of journalists and their sources, she’s laying the groundwork for a full-scale assault on press freedom.

She claims that “subpoenaed news outlets are to be given advanced notice” and that the subpoenas will be “narrowly drawn,” but these are empty promises from an administration that has repeatedly shown contempt for democratic norms and the rule of law.

The time for polite disagreement or “strongly worded letters” is over. The time for waiting to see what happens next is over. We must act now to protect our democracy before it’s too late.

First, demand that Congress pass a federal shield law to protect journalists from being forced to reveal their sources. This is not a partisan issue; it’s about preserving the basic functioning of our democracy.

Second, support independent journalism with your dollars and your attention. Subscribe to newspapers, donate to nonprofit news organizations like ProPublica, and share important stories with your networks. A robust press is our best defense against tyranny.

Third, contact your representatives and tell them that protecting press freedom must be a top priority. Remind them that their oath is to the Constitution, not to any president or party. The phone number for the congressional switchboard, which can connect you to both your senators and your member of the House, is 202-224-3121.

Fourth, prepare to take to the streets if Bondi follows through on her threat to prosecute journalists for treason. That would be a red line from which there is no return to normal democratic governance.

Finally, remember that the press isn’t perfect — no human institution is — but it’s essential. When governments attack journalists, it’s rarely because they’re telling lies. It’s almost always because they’re telling truths that the powerful don’t want heard.

We stand at a crossroads in American history. Down one path lies a renewed commitment to our democratic values, including a free press that can hold the powerful accountable. Down the other lies authoritarianism, where “truth” is whatever the leader says it is, and those who disagree face persecution or worse.

The choice should be obvious. But making the right choice requires courage, from journalists who continue to do their jobs despite threats, from whistleblowers who risk everything to expose wrongdoing, and from citizens who refuse to be silent in the face of growing tyranny.

Pam Bondi and Donald Trump have shown their true colors. They’ve revealed their contempt for the Constitution and their fear of the truth. They’re trying to create a country where no one can challenge their power or expose their corruption.

We cannot — we must not — let them succeed. Our democracy depends on it.

The time to act is now.

-Thom Hartmann