The New York Times reports:

In the last weeks of the Trump administration and continuing under President Biden, the Justice Department fought a secret legal battle to obtain the email logs of four New York Times reporters in a hunt for their sources, a top lawyer for the newspaper said Friday night.

While the Trump administration never informed The Times about the effort, the Biden administration continued waging the fight this year, telling a handful of top Times executives about it but imposing a gag order to shield it from public view, said the lawyer, David McCraw, who called the move unprecedented.

The gag order prevented the executives from disclosing the government’s efforts to seize the records even to the executive editor, Dean Baquet, and other newsroom leaders.

Mr. McCraw said Friday that a federal court had lifted the order, which had been in effect since March 3, freeing him to reveal what had happened. The battle was over an ultimately unsuccessful effort by the Justice Department to seize email logs from Google, which operates The Times’s email system, and which had resisted the effort to obtain the information.

The disclosure came two days after the Biden Justice Department notified the four reporters that the Trump administration, hunting for their sources, had in 2020 secretly seized months of their phone records from early 2017. That notification followed similar disclosures in recent weeks about seizing communications records of reporters at The Washington Post and CNN.

Mr. Baquet condemned both the Trump and Biden administrations for their actions, portraying the effort as an assault on the First Amendment.

“Clearly, Google did the right thing, but it should never have come to this,” Mr. Baquet said. “The Justice Department relentlessly pursued the identity of sources for coverage that was clearly in the public interest in the final 15 days of the Trump administration. And the Biden administration continued to pursue it. As I said before, it profoundly undermines press freedom.” [Continue reading…]

The New York Times reports:

The Biden administration said on Saturday that no one at the White House had been aware that the Justice Department was seeking to seize the email data of four New York Times reporters and had obtained a gag order in March barring a handful of newspaper executives who knew about the fight from discussing it.

The disavowal came one day after a court lifted the gag order, which permitted a Times lawyer to disclose the department’s effort to obtain email logs from Google, which operates the Times’s email system. It had begun in the last days of the Trump administration and continued until Wednesday, when the Biden Justice Department asked a judge to quash the matter without having obtained the data about who had been in contact with the reporters.

“As appropriate given the independence of the Justice Department in specific criminal cases, no one at the White House was aware of the gag order until Friday night,” Jen Psaki, a White House spokeswoman, said in a statement.

The administration also announced that the Justice Department was formally changing its leak investigation policy to ban seizures of reporters’ phone and email records in an effort to uncover their sources. [Continue reading…]