News Leaks May Be Punished by Theft Laws, Justice Dept. Says

Officials who leak information to news reporters about federal criminal investigations may be prosecuted for theft of government property under a new policy announced Wednesday by the Justice Department.

The department has decided to alter a policy against prosecuting officials who leak information to inform the public, John C. Keeney, a deputy assistant attorney general in the criminal division, said in written testimony submitted at a congressional hearing.

In some circumstances, reporters may be called to testify before grand juries to identify leakers, although a subpoena would not be issued without the approval of the attorney general, Keeney said.

Attorneys general historically have been unwilling to subpoena reporters, who are usually the only source of evidence about who leaked information to them.

But the new policy drew expressions of concern from civil libertarians, who said it could be used to undermine a reporter’s First Amendment protection against disclosing sources of information.

“Once the government is able to say ‘we need this information because it’s material to a criminal investigation,’ that raises the question of whether or not the protection of a confidential source is diluted,” said Allan Adler, a Washington media lawyer and former legislative counsel to the American Civil Liberties Union.