UPDATED, with Times and DOJ comment: The Trump administration withdrew its subpoenas to a groups of New York Times journalists who reported on the lack of security features on the new Air Force One, a gift of the government of Qatar that was accepted by President Donald Trump.
The Times reported on Thursday that Sean Buckley of the U.S. attorney’s office in Manhattan told a federal judge that they were “prepared to unilaterally withdraw the subpoenas at this time.” The judge, Arun Subramanian, later issued an order confirming that the subpoenas were withdrawn.
“As stated by the Government at the hearing, to the extent that a decision is made to renew the subpoenas, the Government will come to the Court in advance of issuance,” the judge wrote.
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At a hearing, the judge expressed his opposition to the government’s efforts to obtain testimony from the reporters, including Julian E. Barnes, Eric Lipton, and Eric Schmitt, as the White House launched an investigation into the source of leaks. The DOJ also sought phone records from the reporters and their relatives.
“Subpoenas are the last step, not the first step, but the last step,” the judge said in the hearing, per the AP.
David McCraw, senior vice president and deputy general counsel for the Times, said in a statement, “Today’s proceeding was an important affirmation of our country’s commitment to a free press. We are pleased that the government finally conceded that the subpoenas violated the law, but they should never have been issued in the first place. The Times and our journalists will continue to report and seek the truth without fear or favor. We will not be deterred in the face of tactics like these.”
A DOJ spokesperson said, “This judge threatened our attorneys with sanctions unless subpoenas were withdrawn, and blocked us from presenting the meticulous process of this investigation. The grand jury has a right to hear testimony from all material witnesses in a federal criminal investigation. This judge’s conduct overrides clear longstanding principles and common sense—blocking the grand jury from receiving core evidence in a national security investigation.”
The spokesperson 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 Times sought to quash the subpoenas, arguing that they were “brought in bad faith to punish The Times for its coverage.”
The Times reported that phone record subpoenas were also issued to Adam Goldman and Tyler Pager, two other co-authors of the reports on Air Force One.
The Times reports detailed security concerns about the new Air Force One, as Trump left the NATO summit in Turkey earlier this month in the old aircraft. The report included the lack of antimissile capabilities in the new aircraft, a Boeing 747-8 that was donated by the government of Qatar and later retrofitted.
The case was closely watched by First Amendment and press freedom groups, amid warnings that the issuing of the subpoenas were efforts to intimidate journalists.
Bruce Brown, president of the Reporters Committee for the Freedom of the Press, said in a statement, “Targeting reporters to appease the White House has reached a dead end once again in the federal courts. Judge Subramanian saw DOJ’s effort clearly for what it was: a brazen and careless government overreach.”
