The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Jan. 16
Jan 19, 2026
Molly Roberts, a Senior Editor at Lawfare known for her insights on media and press freedom, joins fellow editors Michael Feinberg, Roger Parloff, and Anna Bower. They unravel the complexities of the FBI's search of a journalist related to alleged leaks, discussing the implications for press freedom under the Espionage Act. The conversation dives into state lawsuits over immigration enforcement and the political ramifications surrounding investigations of Fed Chair Jerome Powell, making for a riveting examination of current legal battles.
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Searches Of Journalists Remain Exceptional
- Searching a journalist's home for leak evidence is highly uncommon since post-Watergate reforms and prompts strong pushback from press and former officials.
- Such actions would have stunned many past leak investigators and DOJ officials.
Legal Basis For Searching Non-Targets
- Understand that warrants can lawfully target premises not belonging to suspects when evidence of another's crime is expected there.
- Remember First Amendment concerns are prudential, not absolute legal bars to searches in leak probes.
Leaks Create Real National Security Harm
- National-security leak harms extend beyond political embarrassment to real risks because published secrets reach foreign adversaries.
- That reality complicates the balance between press freedom and leak enforcement.