FBI’s search of Washington Post reporter’s home raises questions

The Washington Post's Hannah Natanson’s home was search, and as a result, many in the media and elsewhere have worried about a chilling effect on reporters and potential whistleblowers, reported Lawfare. Advocates have also invoked the First Amendment: The search, critics have insisted, was an unconstitutional encroachment on press freedom. Commentators have even agonized over the possibility that the search represented only the beginning of a more aggressive posture toward journalists—in which not only are leakers to the media prosecuted under the Espionage Act, but the media is prosecuted, too.

An Early Morning Search

Jan. 14 was not a quiet day for Natanson. Early in the morning, the FBI conducted a search of the Washington Post reporter’s home as part of an investigation into Aurelio Perez-Lugones for allegedly leaking the documents he mishandled, presumably to Natanson. According to reports, Natanson had her cellphone, a recording device, a Garmin watch, and two laptops seized, but was told that she was not the focus of the investigation. The same morning, the government also issued the Washington Post a subpoena requesting information related to Perez-Lugones. 

Natanson is well-known for her coverage of the Trump administration, including efforts to fire federal workers. She published a story last week—which cited government documents obtained by the Post—that covered the U.S.’s capture of Venezuelan President Nicolás Maduro.

But the impetus for the search warrant in the case centered on Perez-Lugones, not Natanson. The affidavit alleges that Perez-Lugones took notes on information from a classified system on a notepad, which he then brought home. He is also accused of taking a screenshot of a classified report about an unidentified foreign country, speculated to be Venezuela. Investigators reportedly recovered these materials during a search of his residence.

The criminal complaint in the case does not charge Perez-Lugones with disclosing that information, although a separate filing mentioned the possibility of his disseminating it if not detained pretrial—which prompted the judge in the case to issue a review of his pretrial release.

Such obscurity is not, in and of itself, atypical; arrests in classified documents cases often proceed on the basis of allegations of mishandling of material and are later superseded with updated charging documents if and when further evidence is uncovered.

But in the immediate aftermath of the search, Trump administration officials were quick to suggest classified information had indeed been leaked. Attorney General Pam Bondi commented on X:

This past week, at the request of the Department of War, the Department of Justice and FBI executed a search warrant at the home of a Washington Post journalist who was obtaining and reporting classified and illegally leaked information from a Pentagon contractor. The leaker is currently behind bars. I am proud to work alongside Secretary Hegseth on this effort. The Trump Administration will not tolerate illegal leaks of classified information that, when reported, pose a grave risk to our Nation’s national security and the brave men and women who are serving our country.

In a tweet a few hours after the search, FBI Director Kash Patel similarly implied a leak had occurred. He also claimed that the “leaker” had been arrested that week—as opposed to on Jan. 9, the date the affidavit in Perez-Lugones’s case was filed:

This morning the @FBI and partners executed a search warrant of an individual at the Washington Post who was found to allegedly be obtaining and reporting classified, sensitive military information from a government contractor—endangering our warfighters and compromising America’s national security. The alleged leaker was arrested this week and is in custody. As this is an ongoing investigation, we will have no further comment. 

The search of Natanson’s home quickly drew backlash from the public and the media, particularly with regard to its implications for freedom of the press. Washington Post Executive Editor Matt Murray said that the search was “deeply concerning and raises profound questions and concern[s] around the constitutional protections for our work.”

“It is exceedingly rare, even in investigations of classified disclosures, for federal agents to search a reporter’s home,” the New York Times noted.

On Jan. 14—the same day that the FBI searched Natanson’s home—the Reporter’s Committee for Freedom of the Press filed a brief to unseal documents relating to the search of Natanson's home and the seizure of her devices. The brief requested that the court unseal the warrant in the case because “[t]he public is…left with no means to understand the government’s basis for seeking (and a federal court’s basis for approving) a search with dramatic implications for a free press and the constitutional rights of journalists.” On Jan. 21, the FBI released the search warrant for Natanson’s home, although the application for that warrant remains undisclosed to the public.

That same day, The Washington Post filed a brief requesting that federal law enforcement return Natanson’s seized belongings, arguing that “almost none” of the materials were relevant to the warrant and that the search “flouts the First Amendment and ignores federal statutory safeguards for journalists.” A magistrate judge ordered the government to preserve but not review materials seized from Natanson (including materials seized pursuant to two separate search warrants for her car and her person) until further briefing and scheduled a hearing on the matter for Feb. 6.

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