A federal judge has issued a temporary order requiring the US government to stop searching devices seized from the residence of Washington Post reporter Hannah Natanson. The decision provides a potential temporary reprieve for both the Post and Natanson, as future proceedings will determine whether the searches can resume or if the devices must be returned.
While Natanson herself is not the subject of the investigation, the FBI executed a search warrant at her home and confiscated her personal and work devices last week. This action was part of a broader investigation into alleged leaks by a Pentagon contractor. In response, The Post filed a motion to compel the return of the confiscated items and additionally sought a standstill order to prevent any review of the seized materials until a court ruling is made concerning their potential return.
According to a court filing by The Post, "Almost none of the seized data is even potentially responsive to the warrant, which seeks only records received from or relating to a single government contractor. The seized data is core First Amendment-protected material, and some is protected by the attorney-client privilege."
The Postās filing further argued that the materials should be returned because the seizure constituted an unconstitutional prior restraint on expressive activity. It suggested that the government's legitimate interests could be fulfilled by issuing subpoenas to either Natanson or The Post for the same materials sought by the warrant. The sweeping seizure has reportedly hindered The Post and Natansonās ability to publish articles on unrelated subjects.
US Magistrate Judge William Porter granted the motion for a standstill order, ruling that, "The government must preserve but must not review any of the materials that law enforcement seized pursuant to search warrants the Court issuedā¦ until the Court authorizes review of the materials by further order."