DOJ lawyers refuse written communication in journalist case, fearing it could be used in court

DOJ Lawyers Reportedly Afraid to Put Things in Writing

Lawyers at the Department of Justice are refusing to put certain information in writing, fearing it could be used against them, according to a letter flagged by independent journalist Mary Wheeler.

The DOJ is currently 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.

Key developments:

• Fort's defense counsel has accused the government of spying on her.
• A judge barred the government from using toll records and cell phone simulators that include Fort's phone activity.
• Homeland Security Investigations agent Timothy Gerber allegedly began using customs summonses to obtain information about Fort.
• Fort's lawyers say prosecutors would not confirm whether the government continues using those summonses.
• The prosecution described cell phone data from Fort's phone but did not turn over the data itself.

In a letter to DOJ prosecutors, Fort's lawyers referenced a phone call with DOJ lawyer Ned Hedley, in which they understood 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."

Legal experts note that documenting conversations is a basic requirement in the legal profession. Hedley's remarks suggest the Trump administration may be trying to conceal information or knows its activities might not be legal.

Fort was arrested alongside journalists Don Lemon and Michael Beute. All three maintain they were covering the event, not participating in rioting or protesting as charged. Critics say the government's refusal to put certain matters in writing undermines its own case.

Trump's $10 Billion BBC Defamation Lawsuit Backfires

President Trump's $10 billion defamation lawsuit against the British Broadcasting Company is facing setbacks, as a judge has approved subpoenas targeting his inner circle.

Background:

• Trump sued the BBC over a 2024 episode of Panorama titled "Trump, a Second Chance."
• He claims the episode edited together two sections of his January 6, 2021 speech, highlighting his call to "fight like hell" while omitting his instruction to protest peacefully.
• The BBC apologized after Trump threatened legal action last year but refused to pay damages.

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.

Lett also ordered Trump to hand over hundreds of financial records, noting that Trump argued in his lawsuit 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 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.

U.S. Trade Representative Blocks Questions on Tariff Reimbursement

American families are unlikely to be reimbursed for money lost to President Donald Trump's tariff plan, according to developments in the Senate Finance Committee.

U.S. Trade Representative Jamieson Greer thwarted attempts by the committee on Wednesday to determine when the Trump administration would return money collected from American consumers since Trump initiated his "Liberation Day" tariff policy.

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