The U.S. government, after criticism from a federal judge for poor legal work, has withdrawn subpoenas aimed at compelling three New York Times reporters to reveal their sources regarding articles on President Donald Trump’s Air Force One jet, gifted by Qatar. The decision occurred in U.S. District Court amid a tense exchange between Judge Arun Subramanian and government lawyers.
The withdrawal signals a retreat in the Justice Department’s aggressive pursuit of journalists to disclose sources for grand jury investigations. The government recently retracted similar subpoenas against journalists from The Washington Post and The Wall Street Journal, which were related to national security issues.
Judge’s Criticism
Judge Subramanian expressed dissatisfaction with the government’s approach, emphasizing that subpoenas should be a last resort in investigations involving journalists. He cited legal protections designed to prevent First Amendment violations, stating that the government had inverted the intended use of these laws.
Subpoenas are the last step, not the first step.
The judge suggested that if this were a civil case, he might consider sanctions for the government’s improper legal actions. In response, the Justice Department criticized the judge, arguing that his conduct obstructed their investigation into national security leaks.
Government’s Response
Justice Department lawyer Sean Buckley admitted that errors were made, particularly regarding subpoenas mistakenly directed at a reporter’s family members. Buckley stated these were unintended mistakes, explaining that the department was working under time constraints.
During the public hearing, despite government efforts to keep the dispute private, the subpoenas served on Times’ journalists faced scrutiny. The Times’ legal team challenged both the grand jury subpoenas and those seeking phone records of journalists and their relatives.
New Air Force One Coverage
The controversy arose from reporting on a new jet offered by Qatar, which Trump’s administration refurbished for $400 million. The Times reported that despite the aircraft’s upgrades, Trump used an older Air Force One from a NATO summit due to security concerns, although Trump denied this on social media.
The Times criticized the government’s broad subpoenas for records, implying bad faith and procedural violations in how they were issued. The Justice Department maintained that its actions were in accordance with regulations and that the reporters were not the targets; instead, the focus was on those leaking classified data.
The final judge’s rebuke highlighted the inappropriate manner in which subpoenas were served, using a humorous anecdote about a journalist being visited by an FBI agent while watching “The Sheep Detectives.”
Times legal representative David McCraw praised the outcome as a testament to press freedom, noting the unlawfulness of the subpoenas and the ongoing resolve to continue journalistic endeavors without deterrence.