Chavez-DeRemer’s Labor Department Threatens ‘Serious Legal Consequences’ for Talking to Journalists
This story was originally published by ProPublica.
A top official in the Department of Labor this week informed all staff members that they could face criminal charges if they speak to journalists, former employees or others about agency business.
A memo sent Monday by Secretary of Labor Lori Chavez-DeRemer’s chief of staff, Jihun Han, and obtained by ProPublica, states that “individuals who disclose confidential information or engage in unauthorized communications with the media may face serious legal consequences.”
Among the ramifications, the memo states, are “potential criminal penalties, depending on the nature of the information and the applicable laws,” and “immediate disciplinary actions, up to and including termination.”
The guidance document went on to say that “any unauthorized communication with the media,” regardless of what information is shared or how it is shared, “will be treated as a serious offense.”
The memo listed laws, regulations and a departmental guide to explain its legal position. Among them was a regulation concerning civil servants’ ethical obligations and a law, the Freedom of Information Act, guaranteeing the public the right to inspect certain public records.
“This message will serve as your only warning,” the memo stated.
The warning comes as current and former Labor Department employees have spoken to the news media about harms they see resulting from the dismantling of portions of their agency, which enforces laws guaranteeing rights to a safe workplace, fair pay and protections against discrimination.
“It’s very chilling,” a Labor Department employee who requested anonymity for fear of retribution told ProPublica. “It’s never a good look when you’re telling people to never talk about what you’re doing.”
Labor Department spokespeople did not immediately respond to a request for comment.
“These types of missives can chill the free flow of information to the press and the public,” said Gabe Rottman, vice president of policy at the Reporters Committee for Freedom of the Press. “That’s a concern.”
Civil servants do not sacrifice their First Amendment rights by accepting a job with the federal government, but there do exist higher restrictions on what information they can disclose publicly. Government agencies that handle classified information have on rare occasions launched criminal investigations against leakers, but those are typically invoked only when leaks involve classified national security intelligence or protected financial information, Rottman said.
“But normally, disclosures to the press or others would be a matter of employee discipline as opposed to carrying criminal sanctions,” he said.
While the memo raising the possibility of criminal penalties was sent to Labor Department employees, it reflects a common approach by the administration of President Donald Trump to guard against federal government employees speaking to reporters.
Director of National Intelligence Tulsi Gabbard, for example, has publicly announced an aggressive pursuit of leakers. Elon Musk, who launched the Department of Government Efficiency, which is at the heart of the shake-up of the federal government, has bragged about his tactics in rooting out leaks at his companies. And Defense Secretary Pete Hegseth has blamed alleged leaks by former Pentagon staffers for reigniting controversy over his use of the Signal messaging app to discuss military operations.
Federal employees at various agencies told ProPublica that an air of suspicion has descended on their workplace during Trump’s second term, with rumors flying of surveillance of rank-and-file government workers. In the Department of Agriculture, for example, a banner temporarily appeared on government computers when employees logged in, telling them that “unauthorized or improper use of this system may result in disciplinary action, as well as civil and criminal penalties.”
Agriculture Department spokespeople did not immediately respond to a request for comment.
The Labor Department employee told ProPublica that Monday’s memo felt like the latest attack on a workforce already weathering layoffs, spending freezes and reorganizations.
“It’s been horrible. It’s been a deeply exhausting roller coaster,” the employee said. “It’s very difficult to work when you’re in a constant state of being terrorized by your employer.”
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What is the trump administration and its departments trying to hide?