In a move criticized by a federal judge, the government withdrew subpoenas aimed at compelling three New York Times journalists to reveal their sources regarding articles about President Donald Trump’s Air Force One jet, gifted by Qatar. The withdrawal followed heated exchanges between Judge Arun Subramanian and government attorneys. This action occurs amidst the Trump administration’s efforts to suppress news organizations and curb government leaks.
The Justice Department’s retreat marks a continuation of pulling back from forcing journalists to disclose sources to grand juries. Similar subpoenas targeted journalists from The Washington Post and The Wall Street Journal regarding separate national security matters. Judge Subramanian agreed to withdraw the subpoenas, highlighting that legal guidelines stipulate subpoenas should be a last resort in investigations.
Subpoenas are the last step, not the first step, but the last step,
Judge Subramanian stated, emphasizing the First Amendment’s protection of journalists. He stressed that the government’s approach had misinterpreted the law.
After the hearing, the Justice Department criticized the judge, stating he threatened sanctions unless subpoenas were withdrawn. They contended that Judge Subramanian blocked evidence crucial to a national security investigation.
The Justice Department plans to continue pursuing the investigation into leaks compromising national security. Protection for journalists requires the government to exhaust all other sources before issuing subpoenas.
Justice Department lawyer Sean Buckley described the government’s errors as unintended, apologizing for subpoenas mistakenly seeking phone records of journalists’ relatives. Buckley expressed regret and took responsibility.
The hearing was public despite the Trump administration’s efforts to keep it secret. The New York Times challenged the subpoenas, including demands for journalists’ phone records and their relatives’. The request raised questions about the investigation’s breadth.
David McCraw, The Times’ chief newsroom lawyer, hailed the ruling as an affirmation of press freedom, expressing satisfaction that the government acknowledged the subpoenas were unlawful.
Regarding the Air Force One jet, a $400 million upgrade received from Qatar, Trump reportedly chose an older model for security features absent in the new plane. The Times reported the switch, citing anonymous sources, suggesting Secret Service influence.
The Times argued the subpoenas unjustly sought extensive records and targeted journalists’ sources broadly. The government defended the subpoenas as focused on classified information leaks, not the reporters.
The Justice Department claimed compliance with regulations in issuing subpoenas, alerting journalists’ counsel to offer a chance to contest. The mishandling of subpoena processes highlighted risks of exposing irrelevant, sensitive data.
Judge Subramanian concluded the hearing with a humorous remark, urging assurances against another incident involving an FBI agent delivering a subpoena while a journalist watched a family movie, ‘The Sheep Detectives.’
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