Judge Scolds Prosecutors in Washington Post Reporter Raid Hearing
A federal judge on Friday sharply challenged Justice Department lawyers over a January search that seized devices from washington post reporter Hannah Natanson, and declined to immediately rule on a request that the government return the materials. The judge said the seizure has left the reporter professional damage and signaled reluctance to let the government comb through her files.
Judge questions legal team and pauses review
William B Porter, a federal judge in the eastern district of Virginia, told lawyers he was troubled by the scope of the raid and the government’s handling of legal protections for journalists. He said, “Ms Natanson has basically been deprived of her life’s work, ” and acknowledged that he had previously paused any government search of the seized devices.
The judge pressed a government lawyer, Christian Dibblee, about why the legal team had not cited the Privacy Protection Act when seeking the warrant. Porter asked, “Did you not do it because you didn’t know, or because you decided not to tell me? How could you think it doesn’t apply?”
Washington Post Reporter’s devices taken in January raid
The items seized in the January raid included two laptops, a phone and a Garmin watch. Government lawyers say material on those devices is needed for the investigation of a contractor, Aurelio Perez-Lugones; defense lawyers for the reporter have argued the seizure has been extremely damaging to her work and sources.
Lawyer Amy Jeffress, representing Natanson, told the judge that her client has “suffered significant harm, both personally and professionally, as a result of the government’s actions” and warned that the search could open the door to other reporters’ homes being searched without strong justification.
Judge blasts prosecutors and weighs who reviews files
Lawyers for the newsroom urged that the devices be returned or that their representatives be allowed to participate in a review of the materials rather than leaving that task to a government "filter team. " Simon A Latcovich, representing the newsroom, said, “The government commandeered the entirety of reporter Hannah Natanson’s professional life, ” and noted that more than 1, 200 confidential sources are following the proceeding to see whether their identities might be exposed.
Porter signaled he was disinclined to allow unfettered government access to the files, saying it is not far-fetched to worry that public confidence could be lost if protected information is examined by investigators. He did not issue an immediate ruling on the newsroom’s motion to return the devices.
The government has argued the seized materials are necessary to its investigation into Perez-Lugones; the judge acknowledged the competing interests but repeatedly pressed the prosecutors about their legal choices in obtaining the warrant.
It is possible, the courtroom discussion laid out, that the judge could order the court itself to undertake any document review rather than leaving the task to the government, or require the newsroom’s representatives to participate in that review. For now, Porter left the matter unresolved, keeping the pause on a full government search in effect while he considers the options.
Next steps include the judge deciding whether to order the return of the devices, appoint the court to review the materials, or permit a negotiated review with newsroom representatives; he declined to make an immediate ruling at the Friday hearing.
