DOJ lawyers refuse to put information in writing in journalist prosecution case, citing fear of use in court

Lawyers at the Department of Justice are refusing to put certain information in writing, fearing it could be used against them, according to defense counsel in an ongoing case.

Background of the Case

The DOJ is prosecuting two journalists over their coverage of an anti-ICE protest at Cities Church in Minnesota in January. One of them, Georgia Ellyse Fort, faces three felony charges, including a hate crime.

Fort's defense counsel has accused the government of spying on her. A judge has barred the government from using toll records and cell phone simulators that include Fort's phone activity.

Allegations of Surveillance

Homeland Security Investigations agent Timothy Gerber allegedly began using customs summonses to obtain information about Fort. Her lawyers stated that prosecutors would not confirm whether the government continues to use those summonses.

While the prosecution is required to turn over evidence to the defense, it reportedly only described cell phone data from Fort's phone without providing the data itself.

Defense Letter Highlights Concerns

In a letter to DOJ prosecutors—first flagged by independent journalist Mary Wheeler—Fort's lawyers referenced a phone call with DOJ lawyer Ned Hedley. According to the letter, Hedley indicated that:

"The government does not intend to respond to our correspondence in writing, out of the concern expressed on the call that what it represents to us could be put before the Court and/or otherwise used against it."

Implications

Legal experts note that documenting conversations is a basic requirement in the legal profession, making Hedley's statement particularly striking. The remark suggests the Trump administration may be attempting to conceal information or is aware that its activities may not be lawful.

Fort was arrested alongside journalists Don Lemon and Michael Beute. The case against all three has been described as weak. They are accused of rioting and protesting, while they maintain they were merely covering the event. Refusing to put certain matters in writing would appear to undermine the government's case.

Trump's BBC Defamation Lawsuit Backfires

President Trump's $10 billion defamation lawsuit against the British Broadcasting Company is backfiring, as a judge has authorized the subpoenaing of his inner circle.

Trump filed the lawsuit last year over a 2024 episode of Panorama titled "Trump, a Second Chance." He claims the episode was defamatory because it edited together two sections of his January 6, 2021 speech, highlighting his line calling on supporters to "fight like hell," while omitting a section in which he told them to peacefully protest. The BBC apologized after Trump threatened legal action last year but refused to pay damages.

Court Ruling

On Tuesday, U.S. Magistrate Judge Enjoliqué Lett ruled that the BBC can proceed with subpoenas for Trump's closest advisers and confidants—including family members, Stephen Miller, and Steve Bannon—to determine Trump's actual goals on January 6.

Judge Lett also ruled that Trump must hand over hundreds of financial records, as his lawsuit argued that the episode harmed his many businesses.

"All of President Trump's brand, properties and businesses are impugned or said to have been impugned. Reputational, economic damages, all of that is now at issue in this case," Lett said, allowing the BBC to investigate the more than 400 companies owned by Trump's family trust.

Observers note that Trump's litigious approach, which previously yielded payoffs in cases against CBS and ABC, may now lead to his exposure.

Tariff Reimbursement Questioned

American families are unlikely to be reimbursed for money lost to President Donald Trump's tariff plan, according to recent Senate testimony.

U.S. Trade Representative Jamieson Greer thwarted attempts by the Senate Finance Committee on Wednesday to determine when the Trump administration would return money collected from American consumers since Trump initiated his "Liberation Day" tariffs in April 2025.

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