Gonzales said last month that he believes journalists can be prosecuted for publishing classified information, citing an obligation to national security. He also said the government would not hesitate to track telephone calls made by reporters as part of a criminal leak investigation, but officials would not do so routinely and randomly.

In recent months, journalists have been called into court to testify as part of investigations into leaks, including the unauthorized disclosure of a CIA operative's name. He said the First Amendment right of a free press should not be absolute when it comes to national security.