Ex-Senate Aide Charged in Leak Case Where Times Reporter’s Records Were Seized
A former Senate Intelligence Committee aide was arrested Thursday in an investigation of classified information leaks where prosecutors also secretly seized years’ worth of a New York Times reporter’s phone and email records.
The former aide, James A. Wolfe, 57, was charged with lying repeatedly to investigators about his contacts with three reporters. According to the authorities, Mr. Wolfe made false statements to the F.B.I. about providing two of them with private information related to the committee’s work. They did not say whether it was classified.
...Mr. Wolfe’s case led to the first known instance of the Justice Department going after a reporter’s data under President Trump.
...The seizure — disclosed in a letter to the reporter, Ali Watkins — suggested that prosecutors under the Trump administration will continue the aggressive tactics employed under President Barack Obama.
...
Investigators sought Ms. Watkins’s information as part of an inquiry into whether James A. Wolfe, the Senate Intelligence Committee’s former director of security, disclosed classified secrets to reporters. F.B.I. agents approached Ms. Watkins about a previous three-year romantic relationship she had with Mr. Wolfe, saying they were investigating unauthorized leaks.
News media advocates consider the idea of mining a journalist’s records for sources to be an intrusion on First Amendment freedoms, and prosecutors acknowledge it is one of the most delicate steps the Justice Department can take. “Freedom of the press is a cornerstone of democracy, and communications between journalists and their sources demand protection,” said Eileen Murphy, a Times spokeswoman.
A prosecutor notified Ms. Watkins on Feb. 13 that the Justice Department had years of customer records and subscriber information from telecommunications companies, including Google and Verizon, for two email accounts and a phone number of hers. Investigators did not obtain the content of the messages themselves. The Times learned on Thursday of the letter, which came from the national security division of the United States attorney’s office in Washington.
The records covered years’ worth of Ms. Watkins’s communications before she joined The Times in late 2017 to cover federal law enforcement. During a seven-month period last year for which prosecutors sought additional phone records, she worked for Buzzfeed News and then Politico reporting on national security.
Shortly before she began working at The Times, Ms. Watkins was approached by the F.B.I. agents, who asserted that Mr. Wolfe had helped her with articles while they were dating. She did not answer their questions. Mr. Wolfe was not a source of classified information for Ms. Watkins during their relationship, she said.
Mr. Wolfe stopped performing committee work in December and retired in May.
Ms. Watkins said she told editors at Buzzfeed News and Politico about it and continued to cover national security, including the committee’s work. Ben Smith, the editor in chief of Buzzfeed News, said in a statement, “We’re deeply troubled by what looks like a case of law enforcement interfering with a reporter’s constitutional right to gather information about her own government.”
A Politico spokesman, Brad Dayspring, said that the situation was “managed accordingly” after Ms. Watkins disclosed the matter, and that her primary beat was national security and law enforcement, not solely the committee, which other reporters primarily covered.
Ms. Watkins also told editors at The Times about the previous relationship when she was hired to cover federal law enforcement.
Attorney General Jeff Sessions said last year that the Justice Department was pursuing about three times as many leak investigations as were open at the end of the Obama administration. Under Mr. Obama, the Justice Department prosecuted more leak cases than all previous administrations combined. ...
