Washington
Judge scolds prosecutors in hearing on search of Washington Post reporter’s home
A federal judge in Virginia scolded Justice Department attorneys on Friday for not mentioning the 1980 Privacy Protection Act when they submitted their application for a warrant to search a Washington Post reporter’s home and seize her devices.
The Privacy Protection Act limits the government’s ability to search and seize journalists’ materials.
“Did you not tell me intentionally or did you not know,” Magistrate Judge William Porter asked.
The testy exchange unfolded in the middle of a hearing to determine whether the government should be permitted to search through the devices seized from Post reporter Hannah Natanson – or whether the government must return those devices to Natanson without an extensive search.
The judge appeared inclined to find a middle ground that would allow the court to do a search of the devices on behalf of the government – and then hand information relevant to the search warrant over to prosecutors. This would prevent the government from having potentially unfettered access to Natanson’s devices, which The Post said the reporter has used to communicate with roughly 1,200 confidential sources.
“I have a pretty good sense of what I’m going to do here,” Porter said, adding that he wanted to spend some more time thoroughly considering his options before making a ruling. He scheduled another hearing for March 4 and said he expects to issue his ruling before then.
Friday’s hearing marked the first time that prosecutors and attorneys for The Post have met in court since the unprecedented Jan. 14 search of Natanson’s home in Virginia. Federal agents seized a phone, two laptops, a recorder, a portable hard drive and a Garmin watch. Law enforcement officials said the search was part of their investigation into government contractor Aurelio Perez-Lugones, a systems administrator with top secret clearance who was indicted in Maryland last month on charges of unlawfully obtaining and sharing classified materials.
The discussion of the Privacy Protection Act reflected the tense moment of the nearly hour-long hearing in the Alexandria, Virginia, federal courthouse. Porter said he was particularly frustrated because he had spent two days going back and forth with the government in January before he approved the warrant. He said he rejected multiple versions of the warrant requests before settling on a relatively narrow warrant to seize information on Natanson’s devices pertaining to her communications with the government contractor.
The 1980 act is intended to prevent the criminalization of a reporter gathering information. It says that a journalist’s materials should be seized only if that journalist is suspected of committing a crime with those materials. The law says that a reporter’s possessions can be seized if investigators suspect they contain certain materials related to sensitive national security information.
Justice Department trial attorney Christian Dibblee apologized to the judge and said he could not answer the questions about why the government had not discussed that law because he was not involved in the submission of the warrant. Another prosecutor who submitted the warrant – Gordon Kromberg, a veteran attorney in the Eastern District of Virginia – chimed in and said he did not mention the law because he does not believe it applied to the case.
Porter suggested that whether or not the law applied in this instance, prosecutors should have included it in the application so that the judge could determine its relevance.
“That’s minimizing it,” Porter told the government trial attorney when he said he understood the judge’s frustration.
It is exceptionally rare for law enforcement officials to search reporters’ homes to further cases in which the journalist is not a target. The law allows such searches under some circumstances, but federal regulations intended to protect a free press are designed to make it more difficult to use aggressive law enforcement tactics against reporters to obtain the identities of their sources.
The Post and Natanson’s attorneys have decried the search as one that “flouts the First Amendment and ignores federal statutory safeguards for journalists.” They have demanded that the government return the devices so Natanson can continue reporting and said that “almost none” of the materials on the devices are relevant to the case against the contractor.
Attorneys for The Post and Natanson argued in court that the seizures have prevented Natanson from doing her job because she cannot publish material without her devices and sources. They also said that the government’s seizure could have a chilling effect on future government sources who may want to speak out about their workplaces to reporters.
“It is not about one reporter and one journalist – it has to do with confidential sources,” an attorney for The Post, Simon Latcovich, told the judge.
The Justice Department attorneys conceded that they seized more materials from Natanson than is relevant to the search warrant. But they said that’s a standard reality in such searches. The government planned to set up a filter team to sift through the materials and then hand over only relevant information to the investigators, the prosecutors said.
“The government takes seriously that you did not authorize a fishing expedition,” Dibblee told Porter.
Perez-Lugones pleaded not guilty last month to counts of retaining and sharing sensitive national security information. The Justice Department has said that Perez-Lugones had been messaging Natanson shortly before his arrest.
Natanson covers the federal workforce and has been part of The Post’s most high-profile and sensitive coverage related to government firings, national security and diplomacy during the first year of the second Trump administration. She contributed reporting to a number of recent articles around the United States’ capture of Venezuela’s leader, Nicolás Maduro.
In December, Natanson wrote a first-person account about her experience covering the federal workforce as the Trump administration created upheaval across the government. She detailed how she posted her secure phone number to an online forum for government workers and amassed more than 1,000 sources, with federal workers frequently contacting her to share frustrations and accounts from their offices.
Natanson wrote in a declaration to the court last month that she typically receives anywhere from dozens to upward of 100 tips from sources per day on Signal. Since the seizure, the number of tips has fallen to zero.
Prosecutors also served The Post with a subpoena seeking information related to the same government contractor. The subpoena asked The Post to hand over any communications between the contractor and other employees.
Porter said at the hearing that he took issue with the framing of the search as unprecedented because it was executed at a journalist’s home. He noted that Natanson wrote in her first-person essay that she often works from home, which would make it a logical place to execute a search warrant.
“I think that’s an inflammatory fact,” Porter said.
Attorneys for The Post and Natanson repeatedly suggested that the government’s search was an overreach because agents seized all of her devices, which comprised the entirety of her reporting materials. Porter asked multiple times whether there was an alternative way the government could have conducted its search since the materials are stored together on electronic devices – and not, for example, on individual pages or notebooks.
“I still haven’t heard some alternative way that you think this could have been done,” Porter said to the attorneys.
Jeremy Roebuck contributed to this report.
Charging documents reveal the U.S. Park Police officer who was shot Monday in Southeast D.C. had arrested one of the suspects the day before and was following that suspect at the time.
The suspects are brothers, 22-year-old Asheile Foster and 21-year-old Darren Foster, of Southeast. They appeared in federal court Wednesday afternoon.
Court documents state the Park Police officer who was shot had arrested Asheile Foster on Sunday on suspicion of dealing drugs. The officer said he followed Foster after he was released from jail on Monday and came to Park Police headquarters to get his personal belongings.
According to prosecutors, Foster told police he knew he was being followed by a white Tesla, and he confronted the officer on Queens Stroll Place SE, jumping out in front of the Tesla before the officer swerved around him.
Then, dozens of gunshots went off, the officer told police. He said in charging documents he was shot in the shoulder as he kept driving several blocks to the intersection of Benning Road and Southern Avenue SE, where police found him. A helicopter then took him to a hospital. According to charging documents, the officer was treated and released the same night as the shooting.
A U.S. Park Police officer who was shot in Southeast D.C. on Monday is recovering from what authorities say was likely a targeted attack. Multiple law enforcement sources tell News4’s Mark Segraves that when the officer was shot, he was investigating a shooting that occurred in Anacostia Park on Friday.
Photos in the charging documents show the brothers firing at the officer’s Tesla, according to prosecutors.
The shooting drew a massive police presence to the Southeast neighborhood near the D.C-Maryland border Monday night.
Shell casings littered the middle of the street. Police said they recovered two weapons: a Glock 9 with an extended magazine and an AR-15.
Prosecutors said that when the officer was shot, he was investigating a shooting that occurred in Anacostia Park on Friday. No one was injured in that shooting.
Darren Foster was located and stopped shortly after the shooting, D.C. police said. Asheile Foster was found on Tuesday.
The brothers were charged with assault on a federal officer, assault with intent to kill and weapons charges. They could face up to 60 years in prison if they’re convicted.
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Washington just became the latest state to regulate artificial intelligence.
Under a pair of bills signed by Gov. Bob Ferguson Tuesday, companies like OpenAI and Anthropic will have to include new disclosures in their popular chatbots for Washington users.
Ferguson asked legislators to craft House Bill 1170 to crack down on AI-generated misinformation. When content is substantially modified using generative AI, that information will now have to be traceable using watermarks or metadata. The new law applies to large AI companies more than 1 million monthly subscribers.
“ I’m confident I’m not the only Washingtonian who often sees something on my phone and wondering to myself, ‘Is that AI or is it real?’ And I feel like I’m a reasonably discerning person,” Ferguson said during the bill signing. “It is virtually impossible these days.”
RELATED: WA Gov. Bob Ferguson calls for regulations on AI chatbot companions
House Bill 2225 establishes new guard rails for AI chatbots that act like friends or companions. It applies to services like ChatGPT and Claude, but excludes more narrowly tailored chatbots, like the customer service windows that pop up when visiting a corporate website.
Chatbots that fit the bill will have to disclose to users that they are not human at the start of every conversation, and every three hours in an ongoing chat. The tools will also be barred from pretending to be human in conversation with users.
The rules go further if the user is a minor. Companies that operate chatbots will have to disclose that the tools are not human every hour, rather than every three hours, if the user is under 18. The bill forbids AI companions from having sexually explicit conversations with underage users. It also bans “manipulative engagement techniques.” For example, a chatbot is not allowed to guilt or pressure a minor into staying in a conversation or keeping information from parents.
“AI has incredible potential to transform society,” Ferguson said. “At the same time, of course, there are risks that we must mitigate as a state, especially to young people. So I speak partly as a governor, but also as the father of teenage twins who grapple with this as a lot of parents do every single day.”
Under the law, AI chatbots will not be allowed to encourage or provide information on suicide or self-harm, including eating disorders. The companies behind these tools will be required to come up with a protocol for flagging conversations that reference self-harm and connecting users with mental health services.
The regulations come in the wake of several high-profile instances of teenage suicide following prolonged interactions with AI companions that showed warning signs. Many more AI users of all ages have reported mental health issues and psychosis after heavy use of the technology.
Washington Wizards (16-55, 14th in the Eastern Conference) vs. Utah Jazz (21-51, 14th in the Western Conference)
Salt Lake City; Wednesday, 9 p.m. EDT
BOTTOM LINE: Washington heads into the matchup with Utah after losing 16 in a row.
The Jazz have gone 13-24 in home games. Utah ranks second in the Western Conference with 16.6 fast break points per game led by Lauri Markkanen averaging 3.3.
The Wizards are 5-29 in road games. Washington is 9-10 when it has fewer turnovers than its opponents and averages 15.3 turnovers per game.
The Jazz score 117.4 points per game, 6.7 fewer points than the 124.1 the Wizards give up. The Wizards’ 46.1% shooting percentage from the field this season is 2.9 percentage points lower than the Jazz have allowed to their opponents (49.0%).
The teams square off for the second time this season. The Jazz won the last meeting 122-112 on March 6, with Ace Bailey scoring 32 points in the victory.
TOP PERFORMERS: Kyle Filipowski is averaging 10.5 points and 6.9 rebounds for the Jazz. Brice Sensabaugh is averaging 19.9 points over the last 10 games.
Alex Sarr is averaging 16.5 points, 7.4 rebounds and two blocks for the Wizards. Will Riley is averaging 14.4 points over the past 10 games.
LAST 10 GAMES: Jazz: 3-7, averaging 116.4 points, 43.3 rebounds, 27.7 assists, 9.9 steals and 4.4 blocks per game while shooting 45.9% from the field. Their opponents have averaged 122.7 points per game.
Wizards: 0-10, averaging 114.3 points, 37.4 rebounds, 24.5 assists, 6.9 steals and 4.5 blocks per game while shooting 47.1% from the field. Their opponents have averaged 130.6 points.
INJURIES: Jazz: Lauri Markkanen: out (hip), Isaiah Collier: out (hamstring), Keyonte George: out (leg), Cody Williams: out (shoulder), Walker Kessler: out for season (shoulder), Jusuf Nurkic: out for season (nose), Jaren Jackson Jr.: out for season (knee).
Wizards: Anthony Davis: out (finger), Tristan Vukcevic: day to day (back), Cam Whitmore: out for season (shoulder), Alex Sarr: day to day (toe), Tre Johnson: day to day (foot), Kyshawn George: out (elbow), D’Angelo Russell: out (not injury related), Trae Young: out (quad).
___
The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.
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