Donald Trump’s second administration could be “more aggressive” in going after journalists for using unnamed sources, according to an internal memo from Axios that was obtained by Semafor on Monday.
The memo, from Axios’ senior counsel, warned staffers that Trump will target news outlets with defamation lawsuits and could even look to charge journalists for crimes using the Espionage Act, a 1917 law that curtailed speech that was critical of the government’s handling of World War I.
“We anticipate more aggressive government efforts to investigate leaks — which could include a wave of subpoenas seeking journalists’ phone records, documents, and testimony,” Brian Westley, Axios’ senior newsroom counsel said in the memo. “Of particular concern: [Stories] involving unnamed sources that disclose government information without authorization — including sensitive conversations including the president or other top officials.”
Westley continued: “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 Espionage Act, it is worth pointing out, has been leveraged by previous presidents to go after journalists.
President Barack Obama’s administration, a 2018 fact check from the Associated Press found, “used the 1917 Espionage Act with unprecedented vigor, prosecuting more people under that law for leaking sensitive information to the public than all previous administrations combined.”
Axios’ warning also comes after ABC News and George Stephanopoulos agreed to pay Trump $15 million on Saturday to settle a defamation lawsuit. Trump, of course, has had a contentious relationship with the mainstream press — which he often blasts as “fake news” — for years now.
Some industry veterans, like ex-Washington Post executive editor Marty Baron, have said they are worried Trump will seek “retribution” against reporters, while others are taking more of a wait-and-see approach to his next administration; ProPublica editor-in-chief Stephen Engelberg, for example, said this weekend the media hasn’t reached a point where it needs to “cry wolf” over Trump just yet.