DOJ Drops Subpoenas Against New York Times Journalists Over Air Force One Reporting

The Department of Justice on Thursday agreed to withdraw a series of subpoenas that sought to force New York Times journalists to reveal their sources and hand over phone records, in a significant retreat on press freedom. The decision came after a federal judge warned the government he would quash the subpoenas himself if prosecutors refused to abandon them.

What the Subpoenas Demanded

The grand jury subpoenas, which first became public earlier this year, sought to compel Times reporters to testify about their confidential sources and to provide phone records belonging to both the journalists and some of their family members. The Times had challenged the subpoenas as unlawful and unconstitutional.

The legal battle grew out of the newspaper's reporting on the new Air Force One aircraft — a $400 million Boeing 747-8 donated by Qatar's royal family. The Times's coverage, which included details that angered President Donald Trump, led the DOJ to launch an investigation into potential leaks of classified information.

Judge Finds 'Bad Faith'

US District Judge Arun Subramanian made clear he was unimpressed with the government's handling of the case. "It's a matter of basic compliance with the law," the judge said, pointing out that the DOJ had served the subpoenas before completing the initial investigative steps required under federal court rules — a reversal of the proper procedure.

"Subpoenas are the last step, not the first step," Subramanian added. He also questioned the department over what he described as "incorrect statements and misstatements" made during the proceedings, raising the possibility of sanctions.

Lawyers for the New York Times argued that the subpoenas were issued in "bad faith" to harass and intimidate reporters whose journalism had embarrassed the White House. "The record is replete with bad faith," the Times's attorneys stated in court filings, pointing to the fact that at least two additional subpoenas were served on phone providers after the Times filed its initial motion to quash.

DOJ Acknowledges Mistakes but Reserves Right to Return

Sean Buckley, the chief counsel to the US attorney for the Southern District of New York, acknowledged in open court that the department made procedural errors. He said the government was "prepared unilaterally to withdraw the subpoenas at this time" — but reserved the right to seek new subpoenas in the future if prosecutors choose to resume the investigation.

The press freedom dispute comes amid a broader pattern of the Trump administration targeting news organizations it views as hostile. The DOJ had argued that the investigation was necessary to identify government employees leaking classified information, particularly during the President's travel in foreign airspace "during a time of hostilities with a foreign adversary."