A federal statute, the Privacy Protection Act, normally bars the government from using a search warrant to seize a reporter's notes or communications as part of a broader criminal investigation. But the law allows an exception if the reporter is specifically accused of committing a crime.
"There is probable cause to believe that the reporter has committed or is committing a violation of [the Espionage Act] as an aider and abettor and/or co-conspirator," FBI Agent Reginald B. Reyes wrote in a May 28, 2010, application for a search warrant. "Because of the reporter's own potential criminal liability in this matter, we believe that requesting the voluntary production of the materials from reporter would be futile and would pose a substantial threat to the integrity of the investigation and of the evidence we seek to obtain by the warrant."