Second Judge Blocks DOJ From Examining WaPo Reporter's Devices

A federal judge in Virginia ruled Monday that the Justice Department cannot examine electronic devices seized from Washington Post reporter Hannah Natanson, marking the second time courts in the Eastern District of Virginia have rejected the government’s efforts.

U.S. District Judge Anthony J. Trenga rejected the Justice Department’s request to search Natanson’s phone, computers and other devices, which the FBI seized in January during an investigation into a government contractor accused of leaking classified material.

Trenga’s ruling upholds a previous decision by a magistrate judge, which the Trump administration had appealed. The magistrate had determined that the court — not the Justice Department — should review the devices for relevant information and provide it to investigators.

In his decision, Trenga dismissed the government’s arguments, stating that the prolonged seizure is preventing a journalist from doing her job. He also ruled that having the court conduct the search does not interfere with investigators’ work.

The government had argued that Justice Department employees are best equipped to handle data that may contain classified information and that barring law enforcement from performing the search undermines a core executive branch function. Trenga, appointed by President George W. Bush, rejected each of those claims.