WASHINGTON – The FBI began investigating a New York Times reporter in March after she wrote about the bureau’s director, Mr Kash Patel, using bureau personnel to provide his girlfriend with government security and transportation, according to a person briefed on the matter.
Agents interviewed the girlfriend, queried databases for information on the reporter, Ms Elizabeth Williamson, and recommended moving forward to determine whether Ms Williamson broke federal stalking laws, the person said.
Those actions prompted concerns among some Justice Department officials who saw the inquiry as retaliation for an article that Mr Patel and his girlfriend, Ms Alexis Wilkins, did not like, and who determined there was no legal basis to proceed with the investigation, according to the person briefed on the matter.
In response to questions from the Times this week, the FBI said that “while investigators were concerned about how the aggressive reporting techniques crossed lines of stalking”, the FBI is not pursuing a case.
The scrutiny of Ms Williamson is an example of the Trump administration examining whether to criminalise routine news gathering practices that are widely considered protected by the First Amendment.
Journalists are more often caught up in criminal investigations as potential witnesses when the authorities are trying to determine who leaked them classified information.
In preparing the article about Mr Patel and Ms Wilkins, Ms Williamson followed normal procedures for a journalist working on a story, which typically involve reaching out to the subject and seeking a variety of perspectives.
In this case, Ms Williamson contacted numerous people who had worked with or knew Ms Wilkins.
Ms Williamson had one phone call at the beginning of her reporting process with Ms Wilkins – Ms Wilkins insisted that it be off the record – and exchanged emails with her before publication of the article.
At that early stage in her reporting, Ms Williamson asked Ms Wilkins to provide a list of people she might speak to for the article, but Ms Wilkins did not respond.
Ms Williamson was never in Ms Wilkins’ presence.
Mr Joseph Kahn, the executive editor of the Times, criticised the bureau for investigating a reporter for doing her job.
“The FBI’s attempt to criminalise routine reporting is a blatant violation of Elizabeth’s First Amendment rights and another attempt by this administration to prevent journalists from scrutinising its actions,” Mr Kahn said. “It’s alarming. It’s unconstitutional. And it’s wrong.” NYTIMES