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Justice Dept. Unveils New Guidelines for US News Leak Probes

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In this Dec. 1, 2014 file photo, Attorney General Eric Holder speaks at Ebenezer Baptist Church in Atlanta.  The Justice Department on Wednesday announced revised guidelines for obtaining records from the news media during leak investigations, removing language that news organizations said was ambiguous and requiring additional consultation before a journalist can be subpoenaed. (AP Photo/David Goldman, File)

In this Dec. 1, 2014 file photo, Attorney General Eric Holder speaks at Ebenezer Baptist Church in Atlanta. The Justice Department on Wednesday announced revised guidelines for obtaining records from the news media during leak investigations, removing language that news organizations said was ambiguous and requiring additional consultation before a journalist can be subpoenaed. (AP Photo/David Goldman, File)

ERIC TUCKER, Associated Press

WASHINGTON (AP) — The Justice Department on Wednesday announced revised guidelines for obtaining records from the news media during criminal leak investigations, removing language that news organizations said was ambiguous and requiring additional levels of review before a journalist can be subpoenaed.

The updated policy revises protocols announced last year amid outrage among news organizations over Obama administration tactics.

The new guidelines come just days after the Justice Department formally abandoned a years-long effort to compel a New York Times reporter to testify in the trial of a former CIA officer accused of disclosing classified information. The actions, taken together, are signs of a more modulated approach for an administration long criticized for its aggressive handling of leak cases.

“These revised guidelines strike an appropriate balance between law enforcement’s need to protect the American people and the news media’s role in ensuring the free flow of information,” Attorney General Eric Holder said Wednesday.

The Justice Department began reviewing its own longstanding guidelines in 2013 and last February issued new rules designed to give news organizations an opportunity to challenge subpoenas or search warrants in federal court. But news organizations expressed concern that the protections applied only to journalists involved in “ordinary newsgathering activities,” language they said was vague and could be exploited by zealous prosecutors.

That provision has been deleted in the new guidelines, which also require the attorney general in most instances to authorize subpoenas issued for the media and for the Justice Department’s criminal division to also be consulted.

“We are very pleased the Justice Department took our concerns seriously and implemented changes that will strengthen the protection of journalists for years to come, with the public being the ultimate beneficiary,” said AP President and CEO Gary Pruitt.

AP General Counsel Karen Kaiser praised the changes for eliminating “potential ambiguity of what constitutes newsgathering and help provide consistency in how the guidelines are interpreted across investigations and administrations.”

The guidelines could “play an even more important role” now in protecting source confidentiality since the Supreme Court last year passed up a chance to provide clarity on the issue and Congress has yet to enact a federal reporter shield law, said Bruce Brown, executive director of the Reporters Committee for Freedom of the Press.

“To have a strong policy like this that presumes so much in favor of reporter/source confidentiality is a very significant turn of events,” he said.

The Obama administration has been criticized for bringing more leak cases than all predecessors combined, with media organizations particularly critical of maneuvers they said were needlessly aggressive and intrusive into newsgathering operations.

Under Holder, the department secretly subpoenaed telephone records from Associated Press reporters and editors during an investigation into a 2012 story about a foiled terror plot, and obtained a search warrant for the emails of a Fox News journalist as part of another probe.

But in the last year, the twilight of Holder’s six-year tenure as attorney general, the department has shown signs of softening its stance.

Holder, for one, has publicly expressed regret for the actions in the Fox News case and has repeatedly said no journalist would go to jail under his watch for doing his or her job.

Last month, the Justice Department said it would no longer try to force New York Times reporter James Risen to reveal his sources in the trial of ex-CIA officer Jeffrey Sterling, which opened this week in Virginia. On Monday, prosecutors formally announced that they were abandoning efforts to seek any testimony from him after they said Risen made it clear that he “will not answer questions that go to the heart of the case.”

Lucy Dalglish, dean of the Philip Merrill College of Journalism at the University of Maryland, said any shift in Justice Department practice should not be mistaken as a newfound sign of benevolence for the news media. Instead, federal prosecutors are aware that a subpoena to a journalist inevitably causes prolonged court fights and a public-relations bruising, and so have looked for other ways to build criminal cases against leakers.

“It’s time-consuming, it’s expensive, it takes your attention away from what you’re trying to accomplish,” she said of going after journalists “And I believe that, in recent years, they have become more confident that they can handle these cases without cooperation from journalists.”

But, she added, “If they didn’t think they had the tools to pull off these investigations, they wouldn’t be giving the media a break.”

___

Follow Eric Tucker on Twitter at http://www.twitter.com/etuckerAP

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Gov. Newsom Signs New Affordable Housing Legislation

LOS ANGELES WAVE — The legislation introduces a new “One-Stop-Shop” financing system designed to reduce duplicative reviews and accelerate affordable housing projects. According to the governor’s office, the reforms are expected to lower construction costs by an estimated $60,000 to $70,000 per affordable housing unit, allowing existing state investments to finance more homes.

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California Governor Gavin Newsom stands with public officials after signing Assembly Bill 179 in Oakland, Calif., on July 13 2026. Assembly Bill 179 modernizes how California finances and delivers affordable housing. (Lloyd B Davis/Bay City News)

Gov. Gavin Newsom has signed new legislation aimed at expanding affordable housing, reducing construction costs and speeding up housing development across California as part of the state’s 2026-27 budget.

Assembly Bill (AB) 179, signed July 17, modernizes California’s affordable housing finance system by streamlining project approvals, expanding funding for housing programs and creating new financing tools for homeowners rebuilding after disasters. State officials said the measure is intended to help increase housing production while strengthening efforts to address the state’s housing affordability and homelessness challenges.

The legislation introduces a new “One-Stop-Shop” financing system designed to reduce duplicative reviews and accelerate affordable housing projects. According to the governor’s office, the reforms are expected to lower construction costs by an estimated $60,000 to $70,000 per affordable housing unit, allowing existing state investments to finance more homes.

“When I took office in 2019, my goal was clear: to reverse decades of inaction on housing and homelessness and ensure there was enough housing and care for people to leave the streets,” Newsom said in a statement. “I’m grateful for the Legislature’s partnership, as together we add to this proven foundation with new laws that cut red tape, expand financing opportunities, and help communities build housing faster.”

The measure also establishes a $100 million Disaster Rebuilding Fund to help homeowners repair or reconstruct homes damaged by disasters. In addition, the budget includes $900 million for another round of Housing, Homelessness Assistance and Prevention grants while adding new accountability requirements for certain cities and counties receiving state funding.

To support affordable housing development, the budget provides $500 million in enhanced state low-income housing tax credits and $200 million for the Multifamily Housing Program to build and preserve affordable rental housing for low-income Californians.

According to the governor’s office, California has made progress in increasing housing production since 2019. Annual residential construction has risen by 59%, from about 70,000 homes in 2018 to approximately 111,000 in 2024. The administration also reported that more than 682,000 homes have been built statewide during that period and that the average time from development application to entitlement has dropped from 160 days to 68 days.

State officials also highlighted recent declines in homelessness, including what they described as the state’s largest reduction in unsheltered homelessness in 16 years.



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COMMENTARY: Jim Crow 2.0 at the Pentagon

BLACKPRESSUSA NEWSWIRE — The American people are expected to believe that one extraordinary officer after another suddenly fails to meet some undefined standard of excellence. We are expected to ignore impeccable service records while accepting that political appointees alone possess the wisdom to determine who is worthy of advancement.

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Photo: iStockphoto / NNPA.

Pete Hegseth insists that he is restoring “merit” to the United States military. But after months of dismissals, blocked promotions, and ideological purges, the evidence tells a different story. His campaign against so-called “diversity, equity, and inclusion” has become something far more dangerous: an assault on equal opportunity that falls with particular force on African Americans, while also targeting women, Latinos, gay Americans, and transgender service members.

The latest example is both troubling and infuriating.

Once again, Defense Secretary Pete Hegseth has reportedly blocked the promotion of an exceptionally qualified woman—Rear Admiral Amy Bauernschmidt. Bauernschmidt is no ordinary officer. She became the Navy’s first woman to command a nuclear-powered aircraft carrier, one of the most demanding leadership assignments in the world. Her career reflects decades of exemplary performance, operational excellence, and leadership under extraordinary pressure.

Yet once again, a distinguished military career appears to have been subordinated to an ideological agenda masquerading as “merit.”

I call BS!

The American people are expected to believe that one extraordinary officer after another suddenly fails to meet some undefined standard of excellence. We are expected to ignore impeccable service records while accepting that political appointees alone possess the wisdom to determine who is worthy of advancement.

The pattern has become impossible to ignore.

General Charles Q. Brown Jr., only the second African American to serve as Chairman of the Joint Chiefs of Staff, was dismissed despite a career that placed him among the most accomplished military leaders of his generation.

Admiral Lisa Franchetti, the first woman ever to serve as Chief of Naval Operations, was removed despite decades of distinguished command experience.

Reports have documented interventions that blocked or delayed the promotions of Black officers and women selected through the military’s rigorous promotion system.

Now Rear Admiral Amy Bauernschmidt joins the growing list of highly accomplished officers whose careers have been derailed for reasons that have never been persuasively explained.

Where is Congress?

Its silence has become deafening.

Congress has an independent constitutional responsibility to oversee the armed forces. Instead, too many lawmakers have watched silently while one of the nation’s most respected institutions is subjected to ideological litmus tests and political interference.

This is not military reform.  It is testosterone-fueled performative masculinity disguised as a philosophy of military excellence.

The irony is impossible to miss. Hegseth repeatedly invokes “merit,” yet his rhetoric begins with the assumption that Black officers, women, and other historically excluded Americans must somehow justify their achievements in ways that white male officers are rarely required to do.

That is not meritocracy.  It is prejudice wrapped in patriotic language.

No one is asking that anyone be promoted because of race or gender. Americans simply expect that promotions be based on demonstrated competence, leadership, integrity, and service. The officers being targeted have already proven themselves repeatedly under one of the world’s most demanding evaluation systems.

Their records speak for themselves.

The attack on African American military leadership has been especially pernicious.

For generations, Black Americans fought in segregated units, earned decorations while denied equal treatment, and repeatedly demonstrated loyalty to a nation that often failed to extend them full citizenship. They broke barriers not because standards were lowered but because excellence finally overcame institutional discrimination.

Today’s campaign against “diversity” threatens to revive old assumptions under new slogans.

The implication that Black generals and admirals somehow owe their success to affirmative action rather than extraordinary performance echoes some of the ugliest stereotypes of the Jim Crow era. Yesterday’s segregationists claimed Black Americans were inherently less qualified. Today’s culture warriors simply employ more politically acceptable language while inviting the same suspicion about Black achievement.

That is why Hegseth’s campaign increasingly resembles Jim Crow 2.0.

The targets may now wear stars on their shoulders instead of military patches on segregated uniforms, but the underlying message is hauntingly familiar: Black excellence is presumed suspect, while white excellence is presumed earned.

America’s military became the finest fighting force in history because it opened its doors to talent wherever it could be found. It grew stronger after President Truman desegregated the armed forces. It became stronger when women assumed greater command responsibilities. It became stronger when every qualified American was given the opportunity to serve to the fullest extent of their abilities.

Diversity is not a concession.  It is a strategic advantage.

The nation’s adversaries do not fear an American military because it is racially homogeneous. They fear it because it draws upon the talents of more than 340 million Americans whose diverse experiences, perspectives, and abilities make our armed forces unmatched anywhere in the world.

Every politically motivated dismissal of a distinguished officer sends a chilling message throughout the ranks: excellence alone may no longer be enough if you belong to the wrong demographic group.

That weakens morale.  It weakens recruitment.  It weakens retention.

And ultimately, it weakens national security.

Pete Hegseth has every right to pursue military readiness. He has no right to redefine merit in ways that repeatedly cast suspicion upon the accomplishments of Black officers, women, and others who have devoted their lives to defending this nation.

America deserves better.  The men and women who wear the uniform deserve better.  The Constitution deserves better.

And unless Congress finds the courage to exercise meaningful oversight, history may well remember this period not as a restoration of military excellence, but as the moment political ideology attempted to resurrect, in modern form, the old poison of exclusion.

Jim Crow did not strengthen America.  Jim Crow 2.0 will not strengthen America’s military.  It will only diminish it

Wade Henderson
Strategic Advisor
Civil and Human Rights
wade@wadejhenderson.com

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Oakland Post: Week of July 29 – August 4, 2026

The printed Weekly Edition of the Oakland Post: Week of July 29 – August 4, 2026

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