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Judge Rebukes DOJ Over Privacy Protection Act in Washington Post Reporter Search

A decision before the March 4 hearing will set the scope of any government access to the seized devices.

Overview

  • U.S. Magistrate Judge William Porter sharply questioned prosecutors for not raising the Privacy Protection Act when seeking a warrant for reporter Hannah Natanson’s home, asking, “How could you miss it?”
  • Porter said he had previously rejected versions of the warrant and is weighing remedies that include returning devices or using a court‑supervised filter team, signaling reluctance to order a wholesale return.
  • Agents seized a phone, two laptops, a recorder, a portable hard drive and a Garmin watch from Natanson’s Alexandria home on Jan. 14 as part of a national security leak probe tied to a Pentagon contractor.
  • Justice Department lawyers argued the materials hold evidence in an active investigation and said they were not on a fishing expedition, while acknowledging in court that more data was collected than strictly responsive to the warrant.
  • The Washington Post says the search violated journalist protections and has chilled confidential sourcing; the judge has temporarily barred the government from reviewing the seized data while he considers the newspaper’s challenge.