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•  Law Reviews - Legal News


FBI agents searched a Washington Post reporter’s home on Wednesday as part of a leak investigation into a Pentagon contractor accused of taking home classified information, the Justice Department said.

Hannah Natanson, who has been covering President Donald Trump’s transformation of the federal government, had a phone, two laptops and a Garmin watch seized in the search of her Virginia home, the Post reported. Natanson has reported extensively on the federal workforce and recently published a piece describing how she gained hundreds of new sources — leading one colleague to call her “the federal government whisperer.”

While classified documents investigations aren’t unusual, the search of a reporter’s home marks an escalation in the government’s efforts to crack down on leaks. The Post was told that Natanson and the newspaper are not targets of the probe, executive editor Matt Murray said in an email to colleagues.

“Nonetheless, this extraordinary, aggressive action is deeply concerning and raises profound questions and concern around the constitutional protections for our work,” Murray wrote. “The Washington Post has a long history of zealous support for robust press freedoms. The entire institution stands by those freedoms and our work.”

Attorney General Pam Bondi said that the search was done at the request of the Defense Department and that the journalist was “obtaining and reporting classified and illegally leaked information from a Pentagon contractor.”

“Leaking classified information puts America’s national security and the safety of our military heroes in serious jeopardy,” White House press secretary Karoline Leavitt said in a post on X. “President Trump has zero tolerance for it and will continue to aggressively crack down on these illegal acts moving forward.”

The warrant says the search was related to an investigation into a system engineer and information technology specialist for a government contractor in Maryland who authorities allege took home classified materials, the Post reported. The worker, Aurelio Perez-Lugones, was charged earlier this month with unlawful retention of national defense information, according to court papers. He has not been charged with sharing classified information, and he has not been accused in court papers with leaking.

Perez-Lugones, who held a top secret security clearance, is accused of printing classified and sensitive reports at work. In a search of his Maryland home and car this month, authorities found documents marked “SECRET,” including one in a lunchbox, according to court papers.

An FBI spokesperson declined to comment on Wednesday. The Washington Post said Wednesday that it was monitoring and reviewing the situation. An email seeking comment was sent to lawyers for Perez-Lugones, who is expected to appear in court on Thursday for a detention hearing.

First Amendment groups expressed alarm at the search, saying it could chill investigative journalism that holds government officials to account.

“Physical searches of reporters’ devices, homes, and belongings are some of the most invasive investigative steps law enforcement can take,” Reporters Committee for Freedom of the Press president Bruce Brown said. “While we won’t know the government’s arguments about overcoming these very steep hurdles until the affidavit is made public, this is a tremendous escalation in the administration’s intrusions into the independence of the press.”

The Justice Department over the years has developed, and revised, internal policies governing how it will respond to news media leaks.

In April, Bondi rescinded a policy from President Joe Biden’s Democratic administration that protected journalists from having their phone records secretly seized during leak investigations — a practice long decried by news organizations and press freedom groups.

The moves again gave prosecutors the authority to use subpoenas, court orders and search warrants to hunt for government officials who make “unauthorized disclosures” to journalists. A memo she issued said members of the press are “presumptively entitled to advance notice of such investigative activities,” and subpoenas are to be “narrowly drawn.” Warrants must also include “protocols designed to limit the scope of intrusion into potentially protected materials or newsgathering activities,” the memo states.

The aggressive posture with regard to The Washington Post stands in contrast to the Justice Department’s approach to the disclosure of sensitive military information via a Signal chat last spring involving senior Trump administration officials. A reporter was mistakenly added to that chat. Bondi indicated publicly at the time that she was disinclined to open an investigation, saying she was confident that the episode had been a mistake.



Montana’s Supreme Court on Wednesday upheld a landmark climate ruling that said the state was violating residents’ constitutional right to a clean environment by permitting oil, gas and coal projects without regard for global warming.

The justices, in a 6-1 ruling, rejected the state’s argument that greenhouse gases released from Montana fossil fuel projects are minuscule on a global scale and reducing them would have no effect on climate change, likening it to asking: “If everyone else jumped off a bridge, would you do it too?”

The plaintiffs can enforce their environmental rights “without requiring everyone else to stop jumping off bridges or adding fuel to the fire,” Chief Justice Mike McGrath wrote for the majority. “Otherwise the right to a clean and healthful environment is meaningless.”

Only a few other states, including Hawaii, Illinois, Pennsylvania, Massachusetts and New York, have similar environmental protections enshrined in their constitutions.  The lawsuit filed in 2020 by 16 Montanans —who are now ages 7 to 23 — was considered a breakthrough in attempts by young environmentalists and their attorneys to use the courts to leverage action on climate change.

“This ruling is a victory not just for us, but for every young person whose future is threatened by climate change,” lead plaintiff Rikki Held said in a statement Wednesday.

During the 2023 trial in state District Court, the young plaintiffs described how climate change profoundly affects their lives: worsening wildfires foul the air they breathe, while drought and decreased snowpack deplete rivers that sustain farming, fish, wildlife and recreation and affect Native traditions.

Going forward, Montana must “carefully assess the greenhouse gas emissions and climate impacts of all future fossil fuel permits,” said Melissa Hornbein, an attorney with the Western Environmental Law Center and attorney for the plaintiffs.

Republican Gov. Greg Gianforte said the state was still reviewing the decision, but warned of “perpetual lawsuits that will waste taxpayer dollars and drive up energy bills for hardworking Montanans.”

“This decision does nothing more than declare open season on Montana’s all-of-the-above approach to energy,” he said, which promotes using both fossil fuels and renewables.

A day earlier, Gianforte held meetings on how the state can increase energy production, which involved energy suppliers, large energy consumers, public utility companies, transmission stakeholders and legislators.

Incoming Senate President Matt Regier and House Speaker Brandon Ler, both Republicans, joined Gianforte in alleging the justices were overstepping their authority and had strayed into making policy.

“Judicial reform was already a top priority for Republican lawmakers,” Regier and Ler said, warning the justices to “buckle up.”

Montana courts have blocked or overturned numerous laws passed by Republicans in the 2021 and 2023 legislative sessions as being unconstitutional, including laws to limit access to abortion.

In seeking to overturn the District Court ruling, the state had argued the plaintiffs should be required to challenge individual fossil fuel development permits as they’re issued — which would have involved trying to challenge even smaller amounts of emissions.

Carbon dioxide, which is released when fossil fuels are burned, traps heat in the atmosphere and is largely responsible for the warming of the climate. June brought record warm global temperatures for the 13th straight month, according to European climate service Copernicus. The streak ended in July.

Montana’s Constitution requires agencies to “maintain and improve” a clean environment. A law signed by Gianforte last year said environmental reviews may not consider climate impacts unless the federal government makes carbon dioxide a regulated pollutant. The Montana Supreme Court’s ruling found that law to be unconstitutional.





The Supreme Court on Monday rejected an appeal from Martin Shkreli, who was once dubbed “Pharma Bro” after jacking up the price of a lifesaving drug.

Shkreli appealed an order to return $64.6 million in profits he and his former company reaped after monopolizing the market for the medication and drastically increasing its price. His lawyers argued that the money went to his company rather than him personally.

The justices did not explain their reasoning, as is typical, and there were no noted dissents.

Prosecutors, though, said the company had agreed in a settlement to pay $40 million, and because Shkreli masterminded the scheme he should bear responsibility for repaying profits.

New York Attorney General Letitia James applauded the court’s action upholding the order, which also included a lifetime ban on Shkreli working in the pharmaceutical industry.

“This win reinforces how our state’s tough anti-fraud laws help protect New Yorkers and ensure bad actors cannot abuse their power, wealth, or influence,” she said in a statement.

Thomas Huff, a lawyer for Shkreli, said the decision was disappointing. But he also said the high court could yet overturn a lower court decision that made the $64 million penalty order possible even though Shkreli hadn’t personally gotten the money.

“If and when the Supreme Court does so, Mr. Shkreli will have a strong argument for modifying the order accordingly,” he said.

Shkreli was also ordered to forfeit the Wu-Tang Clan’s “Once Upon a Time in Shaolin,” the unreleased work that has been called the world’s rarest musical album. The multiplatinum hip-hop group put a single copy of the album up for auction in 2015, on the condition that it not be put to commercial use.

Shkreli was convicted of lying to investors and cheating them out of millions of dollars in two failed hedge funds he operated. Shkreli was CEO of Turing Pharmaceuticals — later Vyera — when it raised the price of Daraprim from $13.50 to $750 per pill after obtaining exclusive rights to the decades-old drug in 2015. It treats a rare parasitic disease that strikes pregnant women, cancer patients and AIDS patients.

He defended the decision as capitalism at work, saying insurance and other programs ensured that people who need Daraprim would ultimately get it. But the move sparked outrage, from the medical community to Congress.

Shkreli was released from prison in 2022 after serving much of a seven-year sentence.



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