FBI Seizes Reporter's Devices in Leak Probe, Raising Scrutiny
The FBI seized devices belonging to Washington Post reporter Hannah Natanson in connection with a leak investigation, leading to public and legal scrutiny. These seizures included her work laptop, personal phone, an encrypted drive, and a Garmin device.
Security Measures and FBI Access
Natanson had implemented several security measures to protect her sources:
- She used "lockdown mode" on her personal phone, which the FBI reportedly failed to bypass.
- She stored reporting notes on an encrypted drive, which was subsequently seized.
- She renamed Signal chats with aliases like "Transportation Employee" or "FDA Reviewer."
The FBI gained access to Natanson's Signal messages by using her finger to unlock her work laptop. Concerns were raised that Natanson's prior public description of her source protection methods may have provided investigators with information about where to look for her materials.
Privacy Protection Act Omission
The Justice Department (DOJ) did not inform the magistrate judge about the 1980 Privacy Protection Act (PPA) when applying for the warrant to search Natanson's home.
The PPA makes it unlawful for investigators to search for or seize journalistic work product and documentary materials unless reporters are suspected of specific crimes related to those materials.
Gabe Rottman of the Reporters Committee for Freedom of the Press called this omission significant, suggesting it might have led the judge to approve the warrant with less scrutiny. Assistant US Attorney Gordon Kromberg and FBI agent Keith Starr, due to their professional backgrounds and experience, are presumed to have knowledge of the PPA.
Concerns Regarding Scope of Seizure
Questions have arisen about the scope of the FBI's seizure, with some suggesting it exceeded the probable cause established in the warrant affidavit.
- The affidavit detailed Natanson's communications with suspect Aurelio Perez-Lugones, stating that physical surveillance showed no in-person meetings between them from December 12, 2025, to January 8, 2026. This assessment concluded that classified information was transmitted exclusively via electronic means.
- Despite the conclusion of purely electronic communication, the FBI seized Natanson's Garmin device, which tracks physical locations, raising concerns about its relevance to the investigation.
- The FBI also copied all Signal conversations on Natanson's devices that had new messages or alerts on or after October 1. This broad collection may have included reporting unrelated to the specific leak investigation, such as stories concerning a Greenland-related slush fund, a Social Security whistleblower, and the expansion of the Park Police.