(WASHINGTON)–Federal law enforcement should not be used as a weapon to intimidate reporters and their sources, PEN America warned today in response to reports of an FBI investigation–focusing on an Atlantic journalist–into leaks surrounding Director Kash Patel. The FBI has denied any such investigation. PEN America said action of this kind would be a clear threat to constitutional protections.

“The head of the FBI should know better than to use his position to go after a journalist investigating his own alleged misconduct. The FBI surely has plenty of real work on its plate without Kash Patel’s team reportedly ordering up a sham federal probe to retaliate against a free press,” said Tim Richardson, journalism and disinformation program director at PEN America. “Such an investigation would appear aimed at chilling reporting, deterring whistleblowers from coming forward, and intimidating journalists who hold public officials accountable for their actions. Federal investigative powers should never be used against reporters or their sources because officials dislike news coverage. The FBI and Department of Justice must immediately end any such investigation and stop wasting taxpayer dollars.”

The reported FBI investigation came weeks after Patel filed a defamation lawsuit against The Atlantic and reporter Sarah Fitzpatrick in response to reporting on Patel’s alleged episodes of intoxication and dereliction of duty. The lawsuit was filed in U.S. District Court for the District of Columbia and seeks $250 million in damages.

About PEN America

PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.

Contact: Suzanne Trimel, [email protected], (201) 247-5057