In 2024, Trump killed a federal shield law. Now he’s exploiting that to harass The New York Times.

One of several planes that have been used as Air Force One. Photo (cc) 2015 by Gage Skidmore.

In the waning days of the last Congress in December 2024, a Republican senator killed efforts to pass a federal shield law that would have protected journalists from being forced to identify their anonymous sources or turn over confidential documents.

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The so-called PRESS Act, which had passed the House unanimously, died when Sen. Tom Cotton of Arkansas — acting at the behest of Donald Trump, who’d just been re-elected — objected to an attempt to pass it by unanimous consent. Cotton said that passage would turn senators “into the active accomplice of deep-state leakers, traitors and criminals, along with the America-hating and fame-hungry journalists who help them out.”

Now we see the consequences of Cotton’s recklessness. Michael M. Grynbaum reports in The New York Times that three of the five Times journalists who exposed security problems on the new Air Force One — a corrupt gift to Trump from the Qatari government — received subpoenas ordering them to reveal their sources.

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Trump falsely claims ‘treason’ in ordering his acting AG to target freedom of the press

Acting Attorney General Todd Blanche. Photo (cc) 2023 by BruceSchaff.

Donald Trump and his acting attorney general, Todd Blanche, are targeting The Wall Street Journal in an effort to learn the identity of sources who leaked information to its journalists about internal dissent over the war in Iran, according to CNN reporters Hannah Rabinowitz and Kaitlan Collins. Trump himself has reportedly told Blanche that reporters for the Journal and other news organizations committed “treason.” More about that below, but first: How did we get here?

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In October 2022, then-Attorney General Merrick Garland issued guidelines that severely restricted the conditions under which the Justice Department could seek to force journalists to identify anonymous sources or turn over confidential documents.

Garland’s action was intended as a response to the discovery that Justice had secretly obtained phone records of three Washington Post reporters during Trump’s first term. In fact, though, presidents had been pursuing reporters over leaks for years. Journalists were threatened with jail under both George W. Bush and Barack Obama, and Garland’s order reversed actions taken during the early months of Joe Biden’s administration as well.

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Kash Patel’s ongoing crusade to weaponize the FBI against freedom of the press

Kash Patel. Photo (cc) 2017 by Gage Skidmore.

Despite the Trump regime’s ongoing attempts to dismantle the First Amendment, there are important checks that remain in place. Libel protections against frivolous lawsuits remain strong — as long as news organizations use them rather than caving in to Donald Trump’s threats. Prior restraint is almost unheard of.

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One aspect of press freedom that has been left outside the walls of the First Amendment, though, is a recognition that journalists need to protect their anonymous sources and confidential documents. Forty-nine states, including Massachusetts, provide some protection. But the federal government does not. And one of former Attorney General Pam Bondi’s first actions after Trump returned to the White House was to weaken Justice Department guidelines put in place by her predecessor, Merrick Garland, to make it easier for the government to demand access to that information.

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Pulitzer notes: A message to Trump and Bezos; Julie K. Brown’s overdue win; and honors for Jill Lepore

Portrait of Jeff Bezos (cc) 2017 by thierry ehrmann.

By honoring The Washington Post with its most prestigious award, the Pulitzer Prize Board appeared intent on sending a message to two people: Donald Trump and Jeff Bezos.

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On Monday, the Post received the Public Service Award for its reporting on the chaos unleashed by Elon Musk and his DOGE assault on the federal government. One of the lead reporters in that effort was Hannah Natanson, the target of an extraordinary raid by the FBI last January.

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By raiding a reporter’s home, Trump and his thugs have escalated their attacks on a free press

Barack Obama’s administration threatened reporters with jail if they refused to turn over their confidential sources. But he didn’t order raids on reporters’ homes. Photo (cc) 2024 by Gage Skidmore.

Back in 2012, I wrote an opinion piece for The Huffington Post (now just HuffPost) that I headlined “Obama’s War on Journalism.” The premise was that Barack Obama, like George W. Bush and other presidents before him, was disrespecting the First Amendment’s protection of independent journalism by taking reporters to court and theatening them with jail if they didn’t reveal the identities of White House sources leaking to them.

At least Obama, Bush et al. were following a legal process. As The Associated Press reports, Donald Trump’s FBI, headed by the buffoonish but dangerous Kash Patel, raided the home of a Washington Post journalist to grab what they claimed were classified documents provided by a Pentagon contractor.

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