The U.S. attorney general has adopted strict policies limiting the issuance of subpoenas by U.S. Attorneys to members of the news media and to telephone companies for telephone records of members of the news media. The U.S. attorney general also has policies regarding the interrogation, indictment or arrest of members of the news media. U.S. attorneys must demonstrate to the attorney general that all reasonable attempts have been made to obtain information from alternative sources and obtain authorization from the attorney general before subpoenas are issued to reporters. The nature of the protection afforded by this policy is, however, questionable. The D.C. Circuit Court of Appeals held that the policy created “no enforceable right.” The decision as to whether a subpoena complies with the department’s policy thus lies solely in the discretion of the attorney general.
