Federal Judge Blocks Government from Examining Seized Data from Washington Post Reporter
Judge bars review of electronic devices seized in rare FBI search of journalist’s home pending court hearings on First Amendment and press freedom protections
A federal magistrate judge in Virginia has temporarily prohibited the U.S. government from reviewing any data seized from the home of a Washington Post reporter, intervening in a major legal dispute over press freedom and national security.
The decision came in response to a request by the newspaper and its reporter, who argue that the seizure of phones, laptops, a portable hard drive and other electronic materials during a search earlier this month imperils constitutional protections for newsgathering and confidential sources, and could chill investigative journalism.
The ruling preserves the status quo until a hearing scheduled for early February, and compels the Justice Department to respond to the motion by the end of January.
Federal agents executed the search warrant on January 14 at the Virginia home of Washington Post reporter Hannah Natanson as part of a national security leak investigation linked to a Pentagon contractor accused of unlawfully retaining classified national defence information.
The devices seized include multiple phones, several laptops — including one issued by the newspaper — and a Garmin smartwatch.
The Post and its legal team contend that most of the seized material is unrelated to the narrow scope of the warrant and contains years of confidential reporting materials, source communications and unpublished work.
In filings before the court, the newspaper’s lawyers described the seizure as an “unconstitutional prior restraint” that disrupts Natanson’s ability to carry out her professional duties and undermines First Amendment guarantees of press freedom.
They argued that withholding or reviewing the data before litigation is resolved would damage source confidentiality and impede public-interest reporting.
In his brief order, Magistrate Judge William B. Porter agreed that the plaintiffs had shown “good cause” to maintain the current status of the seized items until the legal dispute is addressed.
The Justice Department, while acknowledging the investigation into the contractor, has defended the search as part of its authority to pursue leaks of classified materials and has denied beginning substantive review of the devices.
Attorney General Pam Bondi and departmental officials have stressed the importance of safeguarding sensitive national security information.
Under newly restored guidelines, prosecutors have broader latitude to employ subpoenas and search warrants in media leak investigations.
Press freedom advocates, however, warn that the search of a reporter’s home is unprecedented in a modern national security context and could have a chilling effect on journalism if left unchecked.
The Feb. 6 hearing will be a focal point for resolving the tension between investigative reporting protections and government security interests.