DOJ I-G: FBI Agents Can Pose as Journalists

FBI agents may impersonate journalists while conducting undercover investigations, and an agent who posed as an editor with the Associated Press during a 2007 investigation did not violate agency policies, the Department of Justice Office of the Inspector General found in a report released Thursday.

According to USNews, the conclusion sparked consternation across social media by journalists, civil rights groups and some legal experts, who have argued that the practice – by its very existence – threatens to heighten public mistrust of reporters, damage journalists' credibility and have a chilling effect on sources and whistleblowers who may fear that their contacts in the media are actually undercover agents.

"The Associated Press is deeply disappointed by the Inspector General’s findings, which effectively condone the FBI’s impersonation of an AP journalist in 2007," Associated Press Vice President Paul Colford said in a statement. "Such action compromises the ability of a free press to gather the news safely and effectively and raises serious constitutional concerns."

The inspector general's report acknowledged that the practice calls for "a higher level of approval" by FBI supervisors than was in place in 2007. Policies on impersonating journalists at the time were "less than clear," it found. However, a new interim policy adopted this June – one that permits agents to pose as journalists so long as they get approval from two high-ranking officials and an undercover review committee at headquarters – meets that requirement.


The review stemmed from a June 2007 investigation into a series of bomb threats sent by email to Timberline High School outside Seattle. The emails sparked repeated evacuations over the course of a week. The culprit, later found to be a 15-year-old student, masked his location by using proxy servers, and local law enforcement ultimately appealed to the FBI for help.

An agent with the FBI's cybercrime task force, posing as an editor for the Associated Press, contacted the suspect by email, eventually sending the teen fake news articles and photographs that hid a trace program: As soon as the boy clicked one of the photos, his location was revealed to agents. He confessed shortly after his arrest, and he pleaded guilty July 18.