Washington (AFP)

Joe Biden's administration on Monday outlawed the use of warrants or court summons to identify journalists' sources, after efforts of this nature were revealed under Donald Trump.

"The Department of Justice will no longer use the compulsory legal process to obtain data on members of the media related to their information-gathering activities," writes Minister Merrick Garland in a directive to prosecutors federal.

The new rule also applies to the dissemination of classified information, he said, which represents a major turnaround demanded for years by associations defending press freedom.

Prosecutors, however, retain the use of their legal arsenal against those suspected of being the source of confidential information leaks.

The Directive also provides for some exceptions: if the journalist is suspected of having committed an illegal act, for example insider trading, or of having used a prohibited method, such as intrusion into protected systems;

or if it is to prevent a serious act (kidnapping, attack ...) from being committed.

To ensure that the measure lasts over time, Merrick Garland asks his services to review all the rules related to journalists in order to promote the passage of a law in Congress.

This reform follows the revelation of a legal battle waged on the sly by Donald Trump's government to obtain the emails and telephone recordings of reporters from the New York Times and Washington Post, as well as from the CNN channel.

- Jail -

In the United States, leaking classified information is illegal under a 1917 Espionage Act.

Federal prosecutors could so far issue warrants, especially with telephone companies or tech giants, to trace the source of leaks, or even indict or arrest journalists to identify their perpetrators.

All governments, Republicans and Democrats alike, have used these weapons.

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The most emblematic case is that of journalist Judith Miller who, in 2005, spent nearly three months in prison because she did not want to reveal her sources, in a case of disclosure of the identity of a police officer. the CIA.

After a scandal in 2013, Barack Obama's government created new rules and imposed a green light from senior Justice Department officials for any mandate against journalists, without giving up the practice.

As soon as he arrived at the White House, Donald Trump had stepped up efforts to punish those responsible for leaks, described as "traitors".

In 2018, justice seized the electronic correspondence between a journalist from the New York Times and a former head of the Senate Intelligence Committee with whom she had a romantic relationship and who had communicated confidential information to her.

- "Critical period" -

In early June, Joe Biden's administration announced its intention to give up these coercive tools.

"Summoning journalists in connection with investigations into political leaks is not in line with the president's political orientation," White House spokeswoman Jen Psaki said.

On Monday, journalists' associations welcomed Merrick Garland's announcement.

It is "a necessary and important measure to protect the freedom of the press during a critical period", notably estimated the group Reporters Committee for Freedom of the Press.

"This is a major step forward" for the press, added the powerful civil rights association ACLU, calling on Congress to "immediately take up the Justice Minister's call for a new law to may these protections last for years to come, whoever the president is. "

In a statement, the head of the judicial committee in the House of Representatives, Jerrold Nadler, said he was "ready" to start work in this direction.

© 2021 AFP