Judge blocks DOJ from searching Washington Post reporter's phone and laptop

A federal magistrate judge in Virginia has blocked the Department of Justice from searching through Washington Post reporter Hannah Natanson's electronic devices after they were seized by the FBI last month, instead ruling that the court itself would conduct a search to protect press freedom in the investigation of classified material leaks. The FBI had seized Natanson's phone, laptops, Garmin watch, and portable hard drives as part of an investigation into a government contractor who was later indicted for allegedly disseminating classified material. This unusual move drew significant criticism and alarm from press freedom groups. Attorney General Pam Bondi defended the seizure, stating it was aimed at catching a perpetrator of 'illegal leaks' that 'pose a grave risk to our Nation's national security.' The Washington Post had requested the court to return Natanson's property and put any copies under seal, arguing that a search could violate her First Amendment rights. The government countered that filter teams—separate groups of Justice Department lawyers—could properly review the materials and find only information relevant to their investigation. However, in his Tuesday night opinion, Judge Porter rejected the government's approach, stating that allowing the government to search a reporter's work product 'is the equivalent of leaving the government's fox in charge of the Washington Post's henhouse.' The judge emphasized that the government's institutional interests are directly at odds with press freedom values, making an independent judicial review necessary. Porter ordered the government to return all materials outside the scope of the search warrant to Natanson but denied The Post's motion to return all devices immediately, citing the need to protect potentially classified national security information. The judge criticized the government for failing to mention the Privacy Protection Act of 1980 in its warrant application, a law that restricts seizure of reporters' work product when they aren't the subjects of criminal investigations. Porter noted that the FBI's search effectively 'terminated her access to the confidential sources she developed and to all the tools she needs as a working journalist,' dismissing the government's suggestion that she simply replace her devices as 'unjust and unreasonable.'