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This week, the top officials at the Department of Labor told all staff that if they talk about journalists, former employees or agency businesses they could face criminal charges.
A memo sent Monday by Chief Jihoon Han, head of Lori Chavez Deremar, obtained by Propovika, states that “individuals who disclose confidential information or engage in unauthorized communication with the media may face serious legal consequences.”
In its implications, the memo states that “potential criminal penalties are subject to ‘dependence depending on the nature of the information and applicable law’ and “immediate disciplinary action until termination.”
The guidance document states that “fraudulent communication with the media” is “treated as a serious crime” regardless of whether or not it is shared.
The memo lists departmental guides that explain the law, regulations, and their legal position. Among them were the ethical obligations of civil servants and regulations regarding the law and freedom of information law, which guaranteed the public the right to inspect certain public records.
“This message serves as your only warning,” the memo says.
The warning comes when current and former Labor Bureau employees spoke to news media about harm resulting from the dismantling of some institutions that enforce laws that enforce laws that ensure the right to a safe workplace, fair wages and protection against discrimination.
“It’s very calm,” a labor employee who demanded anonymity for fear of retaliation told Propublica. “It’s never surprising when you tell people not to talk about what you’re doing.”
A Labor Bureau spokesperson did not immediately respond to a request for comment.
“These types of mischiefs can cool the free flow of information to the press and the public,” said Gabe Rottman, vice president of policy for the Press Freedom of the Press. “That’s a concern.”
While civil servants do not sacrifice First Amendment rights by accepting work with the federal government, there are higher restrictions on information that can be publicly disclosed. Government agencies processing the classified information have launched criminal investigations against leakers on rare occasions, but are usually only called if the leak contains classified national security or protected financial information, Rottman said.
“But usually, disclosure to the press and others will become a matter of employee discipline, rather than carrying criminal sanctions,” he said.
A memo poses possible criminal penalties was sent to employees at the Labor Bureau, which reflects President Donald Trump’s common approach to protecting federal employees speaking to reporters.
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For example, National Intelligence’s director Tulsi Gabbard has publicly announced his aggressive pursuit of leakers. Elon Musk, who launched government efficiency at the heart of federal reform, boasts about his tactics to eradicate corporate leaks. And Defense Secretary Pete Hegses has condemned the leaks by former Pentagon staff for governing controversy over the use of signal messaging apps to discuss military operations.
Federal employees of various agencies told Propovica that suspected airlines came down at work during Trump’s second term. For example, the Department of Agriculture has a temporary banner on government computers when employees log in, saying, “Fraud or inappropriate use of this system can result in civil and criminal penalties in addition to disciplinary action.”
A spokesperson for the Agriculture Department did not immediately respond to requests for comment.
Labor Bureau employees told Propublica Monday’s memo felt like the latest attack on the workforce that was steadily changing the already weathered layoffs, freezes and restructuring.
“It was a horrifying thing. It was a very tiring roller coaster,” the employee said. “It’s extremely difficult to work when you’re in a constant state of fear from your employer.”
