The watchdog organization Freedom of the Press Foundation (FPF) has filed a federal lawsuit against the U.S. Department of Justice (DOJ) seeking records related to the FBI’s January raid on the home of Washington Post reporter Hannah Natanson.
The lawsuit, filed under the Freedom of Information Act (FOIA) with assistance from Free Information Group, seeks to determine whether the Justice Department has adopted a broader practice of withholding information about statutory press protections when seeking search warrants involving journalists.
At issue is the Privacy Protection Act of 1980, a federal law that generally bars government searches of newsrooms and journalists’ homes for work product and documentary materials, except under limited circumstances.
FPF said the Justice Department failed to provide records requested after the January 14 raid, including documents that could show whether prosecutors intentionally omitted references to the Privacy Protection Act while seeking authorization to search Natanson’s home and electronic devices.
Assistant U.S. Attorney Gordon Kromberg previously acknowledged he was aware of the law but said he was following “department policy” when he did not raise it during the warrant process, according to FPF. The organization later filed a bar complaint against Kromberg over the matter.
In February, a federal judge blocked the government from searching Natanson’s devices, finding that the Justice Department’s failure to disclose the Privacy Protection Act to the court undermined confidence in the government’s representations.
Magistrate Judge William Porter also described the search in the context of broader concerns involving retaliation against the press and actions against federal employees perceived as disloyal at several government agencies.
FPF Chief of Advocacy Seth Stern said the case raises significant concerns for investigative journalism and source protection.
“The Department of Justice’s decision to hide controlling federal law from a court to execute a midnight raid on a journalist’s home is a terrifying overreach that threatens the core of investigative journalism,” Stern said in a statement.
Lauren Harper, the Chair on Government Security at the FPF, said the lawsuit was necessary because the Justice Department had not produced records in response to the organization’s FOIA request.
“The DOJ’s flagrant disregard for press freedom is compounded by the administration’s attack on transparency and disregard for FOIA,” Harper said.
The lawsuit seeks records that could clarify whether the omission in Natanson’s case was isolated or part of a broader internal Justice Department practice. Ginger Quintero-McCall, a partner at Free Information Group, said the public has a right to know whether the agency has an official policy of withholding relevant press protections from judges.
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