What Journalists Should Know to Successfully Navigate Federal Investigations

In a democratic society, the press plays a critical role in holding politicians accountable and ensuring transparency in government. When it comes to reporting on federal investigations into politicians, journalists have a responsibility to provide accurate, fair, and balanced coverage that upholds the principles of democracy.

Experts with Project Democracy, a nonprofit organization that serves as a check on authoritarian attacks against American democratic institutions, recently spoke about this issue with the National Press Foundation, emphasizing how misinformation has run rampant in response to investigations like the ones facing former President Donald Trump, particularly after he became the first president in American history to face a criminal prosecution.

A Project Democracy report from May 9 also highlights different questions journalists can ask to assess investigations:

• Does the publicly available evidence in the case meet those of federal criminal offenses?

• Have others been investigated or prosecuted for similar offenses on similar facts?

• Would it make sense for the Justice Department (or other prosecutor’s office) not to investigate or prosecute if the subject were anyone other than a high-ranking political actor?

• Have the president or other high-ranking political actors in the jurisdiction commented on the prosecution or attempted to interfere in it?

• Have institutions outside of the Justice Department or prosecutor’s office — grand juries, judges — upheld their actions?

Here are some key considerations and ethical guidelines for journalists when reporting on such investigations, emphasizing the importance of maintaining public trust and preserving the democratic process.

UNDERSTAND THE LEGAL FRAMEWORK

To effectively report on federal investigations, journalists must have a solid understanding of the legal framework surrounding such cases. Familiarize yourself with relevant laws, statutes, and procedures to provide accurate context to your readers. Be aware of the different stages of an investigation, including the gathering of evidence, indictment, trial, and potential outcomes.

VERIFY AND CROSS-CHECK INFORMATION

Accuracy is paramount in investigative reporting. Thoroughly verify and cross-check information before publishing. Rely on credible sources, official documents, court filings, and statements from reliable spokespersons. Be cautious of anonymous tips and unverified claims that could potentially harm individuals or undermine the democratic process.

MAINTAIN IMPARTIALITY AND AVOID SPECULATION

Reporters must maintain impartiality and avoid speculating on the guilt or innocence of individuals under investigation. Stick to the facts and present a balanced account of events, providing multiple perspectives and allowing readers to form their own opinions. Be mindful of the presumption of innocence until proven guilty and refrain from engaging in trial by media.

INVESTIGATE SYSTEMIC IMPLICATIONS

While the focus may be on the individual under investigation, journalists should also explore the broader systemic implications. Examine the potential impact on democratic institutions, the functioning of government, or the public's trust in elected officials. Highlight any patterns, conflicts of interest, or ethical concerns that may arise from the investigation, shedding light on systemic issues that affect the democratic process.

AVOID SENSATIONALISM AND CLICKBAIT

Federal investigations into politicians can be highly sensationalized, attracting significant public attention. As a journalist, it is crucial to resist the temptation of sensationalism and clickbait headlines. Instead, prioritize accurate reporting, provide in-depth analysis, and contextualize the investigation within the larger political landscape. Focus on substantive issues rather than engaging in sensational narratives that can erode trust in the media.

PROTECT SOURCES AND WHISTLEBLOWERS

Federal investigations often rely on confidential sources and whistleblowers who provide critical information. Safeguard the anonymity and security of these sources, ensuring they are protected from potential retaliation. Understand the legal and ethical considerations surrounding source protection, consulting with legal experts if needed.

FOSTER PUBLIC UNDERSTANDING

Journalists have a responsibility to educate the public about the significance and implications of federal investigations. Clearly explain the legal process, terminology, and the potential impact on democratic norms. Break down complex concepts into digestible information that helps readers understand the stakes involved and make informed judgments.