If you want to understand how little the current administration cares about the First Amendment, look no further than a pre-dawn FBI raid on a journalist’s home—conducted in apparent violation of a federal law specifically designed to prevent exactly this kind of thing.
Last week, FBI agents showed up at the home of Washington Post reporter Hannah Natanson, seized two phones, two laptops, a Garmin watch, a portable hard drive, and a recording device. Natanson has spent the past year covering the Trump administration’s efforts to gut the federal workforce. She is not accused of any crime. She is not the target of any investigation. The FBI told her as much when they were busy carting away basically all of her devices.
The raid was ostensibly connected to an investigation into Aurelio Perez-Lugones, a government contractor with top-secret clearance who was arrested and charged with illegally retaining classified documents—not leaking them. Again, because this seems to have gotten lost in much of the coverage: Perez-Lugones hasn’t been charged with leaking anything to anyone. Just retaining documents. The government isn’t even alleging—at least not yet—that he gave anything to Natanson or any other journalist. But the DOJ apparently decided that the best way to investigate this guy was to ransack a journalist’s home and vacuum up everything she’s ever worked on.
There’s a law that’s supposed to prevent this. It’s called the Privacy Protection Act of 1980, and it was passed specifically because Congress recognized that letting law enforcement raid journalists to fish for evidence of other people’s crimes has a catastrophic chilling effect on the press. The law bars searches and seizures of journalists’ work product when the journalist isn’t suspected of a crime, with very narrow exceptions that don’t appear to apply here.
In the interest of civility, I'm not going to editorialize.