Justice Department Withdraws Subpoenas Against New York Times Journalists

The United States Department of Justice announced during a Thursday court hearing that it will unilaterally withdraw subpoenas issued to New York Times journalists. The subpoenas, issued on July 10 by Manhattan U.S. Attorney Jay Clayton, sought to compel three reporters to testify about their anonymous sources and grant access to the phone records of the journalists and their family members.

The legal battle centered on reporting that Donald Trump used an older Air Force One to leave Turkey because a Qatari-donated replacement lacked essential antimissile and defensive features. While the Justice Department argued the reporting created a substantial national security concern regarding leaks during hostilities with Iran, The New York Times contended the subpoenas were an unconstitutional attempt to harass journalists and retaliate for reporting that angered the president.

U.S. District Judge Arun Subramanian paused the enforcement of the subpoenas and later reprimanded government attorneys for sloppy legal work. He noted that the Department of Justice failed to follow 2nd U.S. Circuit Court of Appeals requirements to exhaust initial investigative steps before targeting the press. Following this criticism and an admission from prosecutors regarding imprecise wording in their filings, the government agreed to drop the subpoenas.