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The US Department of Justice has said it will no longer secretly obtain reporters’ records during investigations of leaks of classified information.

Last month, President Joe Biden called the policy, which has been criticised by news organisations and press freedom groups, “simply, simply wrong” and pledged not to continue allowing it.

Though Mr Biden’s comments in an interview were not immediately accompanied by any change in policy, statements from the White House and Justice Department on Saturday signalled an official reversal from an investigative tactic that has persisted for years.

The Trump administration obtained records from The New York Times
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Officials alerted reporters at The New York Times, as well as The Washington Post and CNN, that their phone records had been obtained

Democratic and Republican administrations alike have used subpoenas and court orders to obtain journalists’ records in an effort to identify sources who have revealed classified information.

But the practice has received renewed scrutiny in the past month as Justice Department officials alerted reporters at three news organisations – The Washington Post, CNN and The New York Times – that their phone records had been obtained in the final year of the Trump administration.

The latest revelation came on Friday, when the Times reported the existence of a gag order that had barred the newspaper from revealing a secret court fight over efforts to obtain the email records of four reporters.

That tussle had begun during the Trump administration but had persisted under the Biden Justice Department, which ultimately moved to withdraw the gag order.

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White House press secretary Jen Psaki said in a statement on Saturday that no one at the White House was aware of the gag order until Friday night, but that more broadly, “the issuing of subpoenas for the records of reporters in leak investigations is not consistent with the president’s policy direction to the department”.

In a separate statement, Justice Department spokesman Anthony Coley said that “in a change to its longstanding practice”, the department “will not seek compulsory legal process in leak investigations to obtain source information from members of the news media doing their jobs”.

Donald Trump
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The phone records were obtained in the final year of Donald Trump’s administration, Justice Department officials said

He added: “The department strongly values a free press, protecting First Amendment values, and is committed to taking all appropriate steps to ensure the independence of journalists.”

In ruling out “compulsory legal process” for reporters in leak investigations, the department also appeared to say that it would not force journalists to reveal in court the identity of their sources.

Bruce D Brown, executive director of the Reporters Committee for Freedom of the Press, said he welcomed the policy change but that serious unanswered questions remain about what happened in each of these cases.

The two newspapers whose reporters’ phone records had been secretly obtained also said more needed to be done.

“This is a welcome step to protecting the ability of the press to provide the public with essential information about what their government is doing,” New York Times publisher A G Sulzberger said in a statement.

“However, there is significantly more that needs to be done and we are still awaiting an explanation on why the Department of Justice moved so aggressively to seize journalists’ records.”

Washington Post executive editor Sally Buzbee said the newspaper was calling on the Biden administration and the Justice Department “to provide a full accounting of the chain of events in both administrations and to implement enduring protections to prevent any future recurrence”.

The Department of Justice statement did not say whether it would still conduct aggressive leak investigations without obtaining reporters’ records.

It also did not define who exactly would be counted as a member of the media for the purposes of the policy and how broadly the protection would apply.

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LA wildfires: Sky News catches up with LA wildfire survivor a week on from her home being engulfed

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LA wildfires: Sky News catches up with LA wildfire survivor a week on from her home being engulfed

At 4.30pm last Tuesday afternoon, a dark grey smoke cloud loomed over North Mount Holyoke Avenue in Pacific Palisades, obscuring the setting sun.

The blazes which would become the most destructive wildfire in California’s history were racing up a nearby canyon.

The streets were almost deserted, the air choking, and most people had already evacuated. My team and I spotted an elderly woman at the end of a driveway.

“I don’t drive, I don’t have any relatives,” she said. “What do I do?”

It was 84-year-old Liz Lerner. She grasped my arm as the wind almost blew her off her feet. A neighbour showed up shortly afterwards, loading his Tesla with bags, and agreed to give Liz a ride to safety.

Liz Lerner last week with Sky's Marth Kelner before her home was destroyed
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Liz Lerner last week with Sky’s Marth Kelner before her home was destroyed

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A week on, she’s in hospital in Los Angeles and wants to tell the dramatic story of her escape and what came next.

“I thought I would die right there on the sidewalk,” she says. “I thought that was the end of my little life. I really thought that there’s nobody coming by here and I’ll just be a skeleton they find.”

As Liz was being driven by her neighbour, down the hill from Pacific Palisades to the coast, all around the neighbourhood, trees and buildings were catching fire.

“As we drove through the windy streets to get out, it was greyer and blacker and darker,” she says. “I felt a great heaviness pushing on my chest at that time. I’m gasping and gasping just trying to get some air. I was having a heart attack, I found out at the hospital.”

Liz is also being treated at Kaiser Permanente hospital in LA for smoke inhalation.

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Sky's Martha Kelner with Liz Lerner in hospital
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Sky’s Martha Kelner with Liz Lerner in hospital

On the TV in her hospital ward she has been watching some of the news reports about the fire which has ravaged her community. She knows her home has been destroyed and wants to see pictures of it. “Wow,” she says, open-mouthed as she looks at a photograph. “There’s nothing left, nothing at all.”

It is a house her dad built in 1949, which she inherited and has made her own. Then she notices her wrought iron gate is still partially standing. “My gate,” she exclaims. “I designed that. I would like to get it back.”

All that remains of Liz Lerner's Palisades home
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All that remains of Liz Lerner’s Palisades home

Liz’s daughter, Skye, died 10 years ago and precious reminders of her life have also been lost with the fire.

“I saved all the paintings that she did in first grade. I lost all of those, all the stories she wrote, the birthday cards with the scribbles on them. It’s those normal things, that’s the worst of it.”

Because of the wildfire risk in her area, Liz says her home insurance was cancelled several years ago.

“I have no insurance, absolutely none, and no documents and no cheques and no credit cards. I don’t even have a pair of shoes.”

Liz hopes to be discharged from hospital soon, to a retirement home where she will share a room with another elderly woman. Her life is forever altered and she will never return to the place she once called her “forever home”.

The rebuilding of the decimated Pacific Palisades will happen, but for Liz it will take too long.

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Trump’s defence secretary pick Pete Hegseth told he ‘lacks competence’ at Senate confirmation hearing

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Trump's defence secretary pick Pete Hegseth told he 'lacks competence' at Senate confirmation hearing

Donald Trump’s choice for US defence secretary has been accused of lacking the competence for the job, during a much-disrupted Senate confirmation hearing.

Senators are determining whether Pete Hegseth, a former combat veteran and TV news show host, is fit to lead the US military as Mr Trump’s choice for defence secretary.

He is a controversial choice because of past statements and actions, including allegations of sexual assault, excessive drinking and derisive views about women in military combat roles and minorities.

Pete Hegseth, U.S. President-elect Donald Trump's nominee to be secretary of defense, testifies before a Senate Committee on Armed Services confirmation hearing on Capitol Hill in Washington.
Pic: Reuters
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Pete Hegseth at the committee hearing. Pic: Reuters

During the hearing – which has been disrupted by three protestors – Republican Senator Roger Wicker, chairman of the Senate Armed Services Committee, said: “Mr Hegseth has admitted to falling short as we all do from time to time.”

But he added: “I have no doubt Mr Hegseth will excel in a skill in which many of his predecessors have fallen short.”

In contrast, Jack Reed, the top Democrat on the committee, told Mr Hegseth: “I do not believe that you are qualified to meet the overwhelming demands of this job

“Unfortunately, you lack the character and composure and competence to hold the position of defence.”

Mr Reed also commented on the FBI background investigation into Mr Hegseth: “I want to say, for the record, I believe the investigation was insufficient.”

Mr Hegseth’s opening statement was interrupted by three protesters, all of whom were arrested.

One could be heard calling Hegseth a “Christian zionist”, moments later another person began shouting about “bombing babies in Gaza”.

Security personnel remove a protester as Pete Hegseth, U.S. President-elect Donald Trump's nominee to be secretary of defense, testifies before a Senate Committee on Armed Services confirmation hearing on Capitol Hill in Washington, U.S., January 14, 2025. REUTERS/Evelyn Hockstein
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Security removed a protester who interrupted Pete Hegseth’s opening statement. Pic: Reuters

When Mr Hegseth addressed the committee he spoke about why he thought president-elect Donald Trump chose him for the position.

He said: “The primary charge he gave me was to bring the warrior culture back to the department of defence.

“He, like me, wants a Pentagon laser-focused on lethality, meritocracy, warfare, fighting, accountability and readiness to stop bombing that night in our homeland.”

Who is Pete Hegseth?

A former Fox News commentator and National Guard veteran Pete Hegseth has been picked as Mr Trump’s defence secretary.

The president-elect described him as “tough, smart and a true believer in America First… our military will be great again, and America will never back down”.

If confirmed by the Senate, Mr Hegseth could make good on Mr Trump’s campaign promises to rid the US military of generals who he accuses of pursuing progressive policies on diversity in the ranks that conservatives have rallied against.

In the past Mr Hegseth has expressed disdain for the so-called “woke” policies of Pentagon leaders including its top military officer.

He has also railed against NATO allies for being weak and claimed China is on the verge of dominating its neighbours.

Mr Hegseth has pushed for making the US military more lethal and argued allowing women to serve in combat hurts that effort.

Though he said diversity in the military is a strength, he said that was because minority and white men “can perform similarly” but the same is not true for women.

Critics have pointed to Mr Hegseth’s lack of experience with some suggesting he could be defence secretary in name only as the Trump White House runs the department.

Another Democrat on the committee, Senator Jeanne Shaheen, questioned Mr Hegseth about past comments suggesting women should not serve in combat roles.

U.S. Senator Jeanne Shaheen (D-NH) speaks as Pete Hegseth, U.S. President-elect Donald Trump's nominee to be secretary of defense, testifies before a Senate Committee on Armed Services confirmation hearing on Capitol Hill in Washington, U.S., January 14, 2025. REUTERS/Elizabeth Frantz
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Democrat Senator Jeanne Shaheen focussed on comments Mr Hegseth has made about women serving in the military. Pic: Reuters

He replied that, over time, the US military had seen an erosion of “certain duty positions, certain schools, certain places, which affects readiness, which is what I care about the most, readiness”.

Mr Hegseth added he would be “honoured” to serve alongside “men and women, black, white, all backgrounds with a shared purpose” and he would treat women and minorities fairly if he was confirmed for the job.

Mrs Shaheen replied: “I appreciate your 11th-hour conversion.”

But he added he would review military standards that prioritise gender or race.

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Trump engaged in unprecedented criminal effort to overturn 2020 election, prosecutor’s report says

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Trump engaged in unprecedented criminal effort to overturn 2020 election, prosecutor's report says

President-elect Donald Trump engaged in an unprecedented criminal effort to overturn his 2020 election defeat, according to a report by Special Counsel Jack Smith.

Prosecutor Mr Smith said Mr Trump “inspired his supporters to commit acts of physical violence” in the January 6 riots and knowingly spread a false narrative about fraud in the 2020 election.

However, efforts to bring Mr Trump to trial over his attempt to hold on to power were thwarted by his re-election in November, the special prosecutor said in his report, which was released by the Department of Justice on Tuesday.

He also found charges could be justified against Mr Trump’s co-conspirators but reached no final conclusions.

FILE - Rioters loyal to President Donald Trump rally at the U.S. Capitol in Washington, Jan. 6, 2021. (AP Photo/Jose Luis Magana, File)
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Rioters loyal to President Donald Trump rally at the US Capitol on 6 January, 2021. Pic: AP

Mr Smith resigned in the wake of Mr Trump’s election victory in November.

“Indeed, but for Mr Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial,” Mr Smith’s report said.

The release of the report comes a few days after Mr Trump was sentenced following his conviction in the Stormy Daniels hush money case.

FILE - Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington.  (AP Photo/J. Scott Applewhite, File)
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Special counsel Jack Smith. Pic: AP

President-elect Mr Trump has consistently criticised Mr Smith and allies have suggested the special counsel should now face criminal charges for pursuing the case against him.

In the wake of the release of the report, Mr Trump called Mr Smith “deranged” and criticised the report’s “fake findings”.

Released alongside the report was a letter from lawyers for Mr Trump to the justice department, dated 6 January 2025.

In it, they called for Mr Smith to “terminate all efforts toward the preparation and release” of the report, which they said was “consistent with the bad-faith crusade” that they said Mr Smith conducted on behalf of the Biden-Harris administration.

The special prosecutor defended his investigation, saying: “The claim from Mr Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable.”

Read more:
January 6: The case against Donald Trump
January 6: How four hours of mayhem unfolded

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Hush money case: Trump reacts to becoming a felon

Mr Smith’s case had faced legal hurdles even before it was clear that Mr Trump would be returning to the White House.

It was paused for months as the former president pursued a legal claim that he could not be prosecuted for official actions taken during his time as commander-in-chief.

The Supreme Court, with its conservative majority, largely agreed with him, granting former presidents broad immunity from criminal prosecution.

Other allegations in the report released today include:

• Mr Trump contacted legislators and executives at state level and “urged them to take action to ignore the vote counts and change the results”

• Mr Trump and co-conspirators launched a plan to use fraudulent electors in seven states that he had lost in the 2020 election to send false certifications to Washington DC

• Frustrated with the justice department because it had identified no evidence of substantial fraud in the 2020 election, Mr Trump “attempted to wield federal power to perpetuate his fraud claims and retain office”

• Mr Trump repeatedly pressed then vice president Mike Pence to use his ministerial position as president of the Senate to change the election outcome – something Mr Pence repeatedly refused to do.

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