FBI search of devices seized from Washington Post reporter halted.
A US federal judge has ordered the FBI to stop searching devices seized from a Washington Post reporter's home, while the court reviews motions filed by the Post and the journalist, Hannah Natanson. The order grants a "standstill" motion, which prevents the review of the materials pending judicial resolution.
Natanson was not the subject of investigation but had her work and personal devices seized last week as part of an FBI probe into alleged leaks by a Pentagon contractor. The Post had filed motions to force the return of Natanson's property and to prevent the government from reviewing the seized devices until the court rules on whether they must be returned.
The judge, William Porter, stated that "almost none" of the data seized was responsive to the warrant, which sought only records received from or relating to a single government contractor. The materials, he said, are protected by the First Amendment and attorney-client privilege.
The Post argued that the search and seizure of Natanson's reporting materials constituted an unconstitutional prior restraint on expressive activity. "The government must preserve but must not review any of the materials that law enforcement seized pursuant to search warrants," Porter ruled.
In a statement, attorneys for The Washington Post and Natanson said they had asked the government to refrain from reviewing the documents pending judicial resolution, but were refused. They claimed that the FBI's actions were intended to intimidate and retaliate against a journalist who had cultivated sources within the government.
The judge scheduled oral arguments for February 6 and ordered the government to file a reply by January 28. The Post is seeking an expedited briefing schedule.
A US federal judge has ordered the FBI to stop searching devices seized from a Washington Post reporter's home, while the court reviews motions filed by the Post and the journalist, Hannah Natanson. The order grants a "standstill" motion, which prevents the review of the materials pending judicial resolution.
Natanson was not the subject of investigation but had her work and personal devices seized last week as part of an FBI probe into alleged leaks by a Pentagon contractor. The Post had filed motions to force the return of Natanson's property and to prevent the government from reviewing the seized devices until the court rules on whether they must be returned.
The judge, William Porter, stated that "almost none" of the data seized was responsive to the warrant, which sought only records received from or relating to a single government contractor. The materials, he said, are protected by the First Amendment and attorney-client privilege.
The Post argued that the search and seizure of Natanson's reporting materials constituted an unconstitutional prior restraint on expressive activity. "The government must preserve but must not review any of the materials that law enforcement seized pursuant to search warrants," Porter ruled.
In a statement, attorneys for The Washington Post and Natanson said they had asked the government to refrain from reviewing the documents pending judicial resolution, but were refused. They claimed that the FBI's actions were intended to intimidate and retaliate against a journalist who had cultivated sources within the government.
The judge scheduled oral arguments for February 6 and ordered the government to file a reply by January 28. The Post is seeking an expedited briefing schedule.