U.S. Waged Secret Legal Battle to Obtain Emails of 4 Times Reporters

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The push began in the Trump administration and continued under President Biden, and the Justice Department obtained a gag order to keep it from public view

WASHINGTON — In the last weeks of the Trump administration and continuing under President Joe Biden, the Justice Department fought a secret legal battle to obtain the email logs of four New York Times reporters in a hunt for their sources, a top lawyer for the newspaper said Friday night.

Baquet condemned both the Trump and Biden administrations for their actions, portraying the effort as an assault on the First Amendment. He added: “The department strongly values a free and independent press, and is committed to upholding the First Amendment.” Prosecutors in the office of the U.S. attorney in Washington had obtained a sealed court order from a magistrate judge on Jan. 5 requiring Google to secretly turn over the information. But Google resisted, apparently demanding that the Times be told, as its contract with the company requires.

“We made clear that we intended to go to court to challenge the order if it was not withdrawn,” McCraw said. Then, on June 2, he said, the Justice Department told him it would ask the court to quash the order to Google at the same time that it disclosed the earlier phone records seizure, which he had not known about.

The U.S. government found out about the memo, which was said to express confidence that the attorney general at the time, Loretta Lynch, would not let an investigation into Hillary Clinton’s use of a private email server go too far. Comey was said to worry that if Lynch made and announced the decision not to charge Clinton, Russia would put out the memo to make it seem illegitimate, leading to his unorthodox decision to announce that the FBI was recommending against charges in the matter.

 

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