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Judge blocks DOJ from searching Post reporter's devices

Ars Technica •
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A federal magistrate judge has ordered a court-led search of devices seized from Washington Post reporter Hannah Natanson, rejecting the Department of Justice's request to conduct the search itself. US Magistrate Judge William Porter criticized prosecutors for omitting key information from their search warrant application, including a 1980 law limiting searches of journalists' work materials.

Porter's ruling came six weeks after the FBI executed a search warrant at Natanson's Virginia home, seizing her work MacBook Pro and iPhone. The judge denied the Post and Natanson's request to immediately return the devices but decided on a court-supervised process to ensure the search remains limited to materials relevant to prosecuting an alleged leaker. He also rescinded authorization for the government to access or review the seized data.

In his order, Porter noted the government acknowledged probable cause exists for only a small fraction of the seized material, making a full search equivalent to an unlawful general warrant. The judge rejected the government's request to use its own 'filter team' for the search, citing concerns about government intrusion into newsgathering activities and confidential source relationships. The court will now develop a search process in consultation with the parties involved while a standstill order remains in effect.