The News
News organizations are bracing for the incoming Trump administration to go after journalists’ sources and take legal action against them.
In an email shared with Semafor, Axios’ senior counsel told staff that the news organization anticipates the new administration will attempt to force reporters to out their sources, will ramp up lawsuits against news organizations for defamation, and could charge journalists with crimes using the Espionage Act.
“We anticipate more aggressive government efforts to investigate leaks — which could include a wave of subpoenas seeking journalists’ phone records, documents, and testimony,” senior newsroom counsel Brian Westley wrote in an email to staff. “Of particular concern: [Stories] involving unnamed sources that disclose government information without authorization — including sensitive conversations including the president or other top officials.”
“This stuff is NO JOKE. The framework of legal protections for journalists we live under is relatively recent and under real threat. One bad court case could have a big impact, so it’s important for everybody to be careful and aware of the risks,” the company said.
Media organizations are increasingly on high alert as multiple incoming members of the administration have expressed a willingness to use the tools of their office to pursue legal action against journalists.
Brendan Carr, Donald Trump’s pick for Federal Communications Commission chair, said he wants to explore whether to strip local stations of their broadcast licenses, while Kash Patel, who Trump has tapped to lead the FBI, has said he wants “to come after the people in the media who lied about American citizens, who helped Joe Biden rig presidential elections.” As has been well documented, Trump’s nominees could also have broad license to interfere in the major media mergers many companies are itching to do over the next several years.
At least one news organization seemed to want to get out of Trump’s way preemptively. On Saturday, media insiders were shocked when ABC News agreed to pay $15 million to settle a defamation suit brought by Trump over inaccurate claims made by anchor George Stephanopoulos, one most media lawyers thought the organization could have won in court.