DOJ Drops NYTimes Reporter's Subpoenas

The Justice Department on Thursday withdrew subpoenas seeking phone records and grand jury testimony from New York Times journalists who reported on the security capabilities of President Trump’s new Qatari-donated Air Force One jet.

The move came after a federal judge in Manhattan grilled Justice Department lawyers for nearly an hour over their handling of the subpoenas, which The Times had moved to quash and described as an effort to intimidate its reporters. 

Judge Arun Subramanian told the government it was not barred from issuing new subpoenas later if it followed proper procedures. He stressed that subpoenas to journalists “are not the first thing you do — they are the last thing you do,” calling compliance with the law and the department’s own regulations on news-media investigations “a matter of basic compliance with the law.”

The case marked a high-profile escalation of the Trump administration’s pressure on independent news organizations. The subpoenas, some delivered by federal agents at reporters’ homes, followed The Times’s disclosures about the jet, which Trump had flown to Turkey this month and publicly showcased. Shortly after the reporting appeared, the White House directed FBI Director Kash Patel to open a leak investigation aimed at identifying confidential sources who had shared information on a national-security matter.

After the hearing, the Justice Department criticized Judge Subramanian, saying his “conduct overrides clear longstanding principles and common sense.” It added: “Make no mistake, this investigation remains ongoing, and we will pursue justice against those threatening national security by leaking classified information, a serious federal crime.” The White House did not respond to a request for comment.