Justice Department’s Failed Search Warrants Targeting Journalists and Protesters

On Tuesday, a federal magistrate judge in Minnesota unsealed filings showing the Department of Justice (DOJ) sought search warrants for the YouTube channels of television journalist Don Lemon, journalist Georgia Fort, and a channel linked to protester William Scott Kelly. The applications also demanded subscriber names, addresses and email addresses. Simultaneously, the DOJ pursued warrants against three participants in the Cities church protest in St. Paul last winter. The court rejected both sets of warrants, and the DOJ withdrew them.

The Guardian

The Privacy Protection Act of 1980 limits the government’s use of search warrants against the press, requiring a subpoena in most cases. The unsealed filings reveal DOJ attorneys did not cite the act, a procedural lapse the judge identified as a failure to meet statutory standards.

The Guardian

• Don Lemon – Television journalist.

The Guardian

• Georgia Fort – Journalist.

The Guardian

• William Scott Kelly – Protester linked to a YouTube channel.

The Guardian

• Junn Bollmann – Photographer arrested at the protest.

The Guardian

• John Docherty – U.S. magistrate judge.

The Guardian

• Department of Justice – Federal agency that filed the warrants.

The Guardian

Judge John Docherty wrote that the DOJ’s applications failed to satisfy warrant requirements and omitted reference to the Privacy Protection Act, undermining their legal basis. After the rulings, the DOJ withdrew the requests. No DOJ public comment on the withdrawals appears in the unsealed record.

The Guardian

Legal analysts contend that the DOJ’s omission of the Privacy Protection Act breaches ethical duties and erodes the presumption of regularity for federal prosecutors. Seeking subscriber data, they argue, can chill free expression by intimidating audiences of independent media. The case is cited as part of a broader pattern of using investigative tools against journalists and whistleblowers.

The Guardian

• “It’s clearly protected by the first amendment.” — Guardian commentary author, Opinion piece

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• “It’s wrong to refuse to tell judges about a statute that’s meant to protect first amendment rights.” — Guardian commentary author, Opinion piece

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• “The Privacy Protection Updates Act would require the government to affirmatively disclose the act when it seeks search warrants targeting the press and others who publish information.” — Guardian commentary author, Opinion piece

The Guardian

• “The only reason we know about the justice department’s antics in this case is because Judge Docherty took it upon himself to unseal the records.” — Guardian commentary author, Opinion piece

The Guardian

The unsealed record contains no DOJ statement explaining the omission of the Privacy Protection Act or the rationale for requesting subscriber data, leaving a gap in the agency’s public justification.

The Guardian

Lawmakers have introduced the Privacy Protection Updates Act, which would require prosecutors to disclose the Privacy Protection Act when filing search warrants that affect the press. Supporters argue the bill would curb future omissions and improve judicial oversight.

The Guardian