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Press Freedom Groups Warn FBI's Dobbs Leak Probe Could Have 'Wide-Reaching Chilling Effect'
"What is the impetus for the decision to give renewed focus into a three-year-old incident with no apparent criminal violation?" asked the organizations.
Jun 03, 2025
A coalition of 12 press freedom groups warned the FBI Wednesday that contrary to claims by deputy director and former right-wing prosecutor Dan Bongino, a new probe into the leaked 2022 U.S. Supreme Court opinion in a landmark reproductive rights case appears aimed not at confronting "potential public corruption," but threatening constitutionally protected newsgathering activities.
Defending Rights and Dissent led a coalition including Fight for the Future and the Freedom of the Press Foundation in writing to FBI Director Kash Patel about Bongino's recent announcement that he is receiving weekly briefings on a probe into Politico's May 2, 2022 publication of the Supreme Court's draft opinion in the Dobbs v. Jackson Women's Health Organization nearly two months before the ruling was officially handed down and ended the constitutional right to abortion care.
Bongino said the FBI is spending more resources on investigations into possible public corruption including the Dobbs leak, the planting of pipe bombs near the headquarters of the Democratic and Republican national committees in January 2021, and a bag of cocaine that was found in the White House in 2023—but didn't specify how any of the cases address corruption specifically.
The groups asked Patel for "clarifying information" about the probe into the Dobbs draft decision leak.
Considering that FBI investigations are typically limited to violations of federal laws, national security threats, and foreign intelligence, the groups asked whether the probe is "predicated on a federal statute, and if so, what statute is it predicated on."
"Absent clarifying information, the Dobbs-related enquiry could give the appearance of an impermissible investigation into First Amendment-protected activities."
They also asked: "What is the impetus for the decision to give renewed focus into a three-year-old incident with no apparent criminal violation? Is there new evidence of violations of federal statutes?"
"While there are federal statutes governing national defense information, classified information, tax information, or certain government records whose release could cause unwarranted invasions of privacy, none of these statutes on their face criminalize sharing an unpublished court opinion with a journalist," said the groups.
Legal analysts said shortly after the draft opinion leak that—despite then-former President Donald Trump's demand for a "thorough criminal investigation" and his claim that journalists who published the opinion should be jailed until they released their sources—there was likely no crime committed in the leak.
"I am extremely skeptical of what basis or what authority the Justice Department would have to inquire into this matter," national security and whistleblower lawyer Bradley P. Moss toldThe Washington Post at the time. "It is certainly a fireable offense—without question—but there is no obvious criminal provision that would apply."
The Supreme Court and the Secret Service both conducted investigations that did not identify who was responsible for leaking the opinion to journalists.
The FBI's probe is reportedly "focused on finding the source who gave the unpublished opinion to Politico," wrote the groups. "As organizations that defend press freedom, free expression, and civil liberties, we are deeply concerned by the potentially chilling nature of this investigation on First Amendment-protected newsgathering."
"Absent clarifying information," they added, "the Dobbs-related enquiry could give the appearance of an impermissible investigation into First Amendment-protected activities."
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'They Just Made Sh*t Up': Declassified Spy Memo Undercuts Trump Pretext for Deportations to El Salvador
"Sunlight remains the best disinfectant for falsehoods," said one open government advocate.
May 06, 2025
A memo released Monday by the Trump administration in response to a Freedom of Information Act request confirmed that U.S. intelligence agencies never agreed with President Donald Trump's claim in March that Venezuelan President Nicolás Maduro controls the criminal gang Tren de Aragua—an assertion that was used to justify sending hundreds of migrants to a notorious Salvadoran prison.
The document said that "while Venezuela's permissive environment enables TDA to operate, the Maduro regime probably does not have a policy of cooperating with TDA and is not directing TDA movement to and operations in the United States."
Trump's claim about Maduro's connection to the group had been called into question by The New York Times in March, after Trump invoked the Alien Enemies Act for only the fourth time in U.S. history. The law empowers the federal government to summarily expel citizens of a country that is at war with or invading the United States.
The Times reported at the time, based on interviews with officials, that the intelligence community's findings about Tren de Aragua were "starkly at odds" with Trump's claims. The anonymous officials said the gang was not taking orders from Maduro's government.
That reporting prompted the U.S. Justice Department to open a criminal investigation into the "selective leak of inaccurate" information to the Times, with the Trump administration criticizing the Times for its "misleading" report.
Attorney General Pam Bondi also said in an April memo that the department would roll back press freedom protections in leak investigations after The Washington Postreported on the memo that was declassified Monday. The Post reported on the document from the Office of the Director of National Intelligence in mid-April when it was still classified.
"The declassification proves that the material should have been public from the start—not used as an excuse to suppress sharing information with the press," Lauren Harper, the Daniel Ellsberg chair on government secrecy at the Freedom of the Press Foundation, told the Times. The group filed the FOIA request for the memo, dated April 7, to be released.
A declassified ODNI memo disclosed in response to a @Freedom.Press FOIA request confirms a @nytimes.com report from March: U.S. intel agencies rejected the claim Trump made to justify deporting Venezuelans to a prison in El Salvador. www.nytimes.com/2025/05/05/u...
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— Alexander Howard (@digiphile.bsky.social) May 5, 2025 at 10:27 PM
The memo noted that the FBI partially dissented with the intelligence community's findings about Tren de Aragua.
Analysts at the FBI agreed with the agencies' overall assessment but believed "some Venezuelan government officials facilitate [Tren de Aragua] members' migration from Venezuela to the United States and use members as proxies in Chile, Colombia, Ecuador, Peru, and the United States to advance what they see as the Maduro regime's goal of destabilizing governments and undermining public safety in these countries."
"Most" of the intelligence community "judges that intelligence indicating that regime leaders are directing or enabling [Tren de Aragua] migration to the United States is not credible," the memo reads.
Intelligence agencies also noted in the memo that detainees accused of being members of the gang could have been motivated "to make false allegations about their ties to the Venezuelan regime in an effort to deflect responsibility for their crimes and to lessen any punishment by providing exculpatory or otherwise 'valuable' information to U.S. prosecutors."
Analysts said they had not collected information about communications or funding exchanges between Venezuelan officials and leaders of Tren de Aragua.
"So you mean kidnapping folks off the streets and sending them to a foreign gulag was not justified by our own intelligence?" said the Arkansas Justice Project. "They just made shit up to dog whistle their base. The AEA argument was never legitimate and they knew it all along."
After the memo was released, Director of National Intelligence Tulsi Gabbard said it was "outrageous that as President Trump and his administration work hard every day to make America safe by deporting these violent criminals, some in the media remain intent on twisting and manipulating intelligence assessments to undermine the president's agenda to keep the American people safe."
Courts, including the U.S. Supreme Court, have blocked the Trump administration from sending more migrants to El Salvador under the Alien Enemies Act, and the ACLU last month asked a federal judge to facilitate the return of all Venezuelans sent to the country's Terrorism Confinement Center to ensure they have due process via immigration hearings.
But judges hearing cases regarding Trump's mass deportations under the Alien Enemies Act have not yet questioned the administration's debunked claims about Tren de Aragua and the Maduro government.
Writer and open government advocate Alexander B. Howard said the release of the memo proves that "sunlight remains the best disinfectant for falsehoods."
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Michigan's Democratic AG Under Fire After Armed Agents Raid Homes of Palestine Defenders
"We are totally convinced that, but for their viewpoints, these students would not have been targeted," said one attorney.
Apr 23, 2025
Federal and local law enforcement officers smashed their way into the Michigan homes of pro-Palestine student organizers on Wednesday in what the state attorney general's office said was a vandalism probe—but critics called an attack on dissent against Israel's genocidal assault on Gaza.
Backed by FBI agents, officers broke into homes in Ypsilanti, Canton, and Ann Arbor on Wednesday morning. Video uploaded to social media by Students Allied for Freedom and Equality, a Students for Justice in Palestine chapter, showed officers battering down the door to a Ypsilanti house before others rushed into the home barking commands with guns drawn and pointed at the residents.
"No search warrant was provided," someone says in the video as the invaders crashed through the homes' locked front door. People in the house said their phones and other electronic devices and possessions, including vehicles, were taken.
🚨BREAKING | Officials Confirms Raids in Multiple Cities; TAHRIR Coalition Says FBI Agents, Michigan State Police, and Local Officers Targeted Pro-Palestine Organizers
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— Drop Site (@dropsitenews.com) April 23, 2025 at 12:44 PM
MLivereported that people inside the home were handcuffed and moved to the porch outside before being released about 15 minutes later.
The pro-Palestine advocacy group TAHRIR Coalition rallied supporters to two of the homes. Video posted on YouTube shows members of a crowd that gathered outside the Ypsilanti house taunting the agents as they came in and out of the home.
According toDrop Site News, Ann Arbor police said that the investigation involves "reported crimes" committed in the city and other jurisdictions.
An FBI spokesperson confirmed bureau agents took part in the raids, which he described vaguely as "law enforcement activities."
Danny Wimmer, a spokesperson for Democratic Michigan Attorney General Dana Nessel, who is Jewish, told the Detroit Free Press that the raids "were not related to protest activity on the campus of the University of Michigan," but were "in furtherance of our investigation into multijurisdictional acts of vandalism."
"There is no immigration enforcement angle to the execution of these search warrants," Wimmer added.
However, Liz Jacob, an attorney with the Sugar Law Center in Detroit, noted that "everyone who was raided has taken part in protest and has some relationship to the University of Michigan."
"We are totally convinced that, but for their viewpoints, these students would not have been targeted," Jacob added.
Jacob said seven people were targeted in Wednesday's raids. No arrests were made. The attorney also noted that the warrants were signed by Judge Michelle Friedman Appel, whose jurisdiction includes Huntington Woods, where vandals painted graffiti and inflicted other damage at the home of University of Michigan Regent Jordan Acker while the Jewish man and his family slept inside last December.
Last month, vandals also damaged the Ann Arbor home of Provost Laurie McCauley.
The Graduate Employees' Organization, a union affiliated with the American Federation of Teachers, said one of its members was detained during Wednesday's raids.
"We strongly condemn the actions taken today and all past and present repression of political activism," the group said. "We urge University of Michigan administrators, the regents of the University of Michigan, and Michigan Attorney General Dana Nessel to end their campaign against students and stop putting graduate workers in harm's way."
Dawud Walid, the Michigan director of the Council on American-Islamic Relations (CAIR), said in a statement that "we call into question the aggressive nature of this morning's raids of activists' homes, which follows the recent misuse of prosecutorial power in Michigan and throughout our country against pro-Palestinian activists."
"In any other context, such minor infractions would be handled by local law enforcement or referred to local, elected prosecutors—not escalated to federal intervention," Walid added. "This disproportionate response further fuels the perception that Muslim and Arab students, and those who stand in solidarity with them, are being treated overly hostile by law enforcement compared to those who commit harm toward American Muslims."
According to CAIR:
This recent escalation comes on the heels of prior arrests and charges brought by the Michigan attorney general's office against University of Michigan student protesters for minor, nonviolent infractions—including misdemeanor trespassing—during peaceful demonstrations advocating for Palestinian human rights, an end to the genocide in Gaza, and for the University of Michigan to divest from companies complicit in the occupation and violence.
After Nessel announced criminal charges—some of them felonies—for 11 University of Michigan Palestine defenders last September, Rep. Rashida Tlaib (D-Mich.), the only Palestinian American member of Congress, said the attorney general was "going to set a precedent, and it's unfortunate that a Democrat made that move."
"We've had the right to dissent, the right to protest. We've done it for climate, the immigrant rights movement, for Black lives, and even around issues of injustice among water shutoffs," Tlaib said. "But it seems that the attorney general decided if the issue was Palestine, she was going to treat it differently, and that alone speaks volumes about possible biases within the agency she runs."
At the federal level, the Trump administration has been arresting and initiating deportation proceedings against international students who have taken part in pro-Palestine campus protests. Although the government admits the targeted individuals have committed no crimes, immigration law allows the removal of foreign nationals deemed detrimental to U.S. foreign policy objectives.
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