The Department of Justice withdrew subpoenas for three New York Times reporters after a federal judge criticized the government for legal errors. The subpoenas, related to reporting on security concerns with President Trump's Qatari-donated Air Force One, were deemed a violation of rules protecting journalists, which state such measures must be a "last resort." The DOJ also sought reporters' phone records, including those of one journalist's mother.
DOJ subpoena withdrawal
- ▪On July 23, 2026, the Department of Justice withdrew subpoenas against New York Times reporters after admitting to legal errors
- ▪The subpoenas sought to compel three New York Times reporters to testify before a federal grand jury about their sources
- ▪The withdrawal occurred during a hearing in U.S. District Court in Manhattan where a judge was considering a motion by the Times to quash the subpoenas
Subpoena targeting methods
- ▪Federal agents delivered several of the subpoenas to the reporters' homes
- ▪The subpoenas were issued on July 10 by Manhattan U.S. Attorney Jay Clayton, whom President Trump has nominated as director of national intelligence
Phone records seizure
- ▪A subpoena also targeted the phone records of one reporter's mother
- ▪The DOJ also issued subpoenas to third-party phone service providers seeking several journalists' phone and text messaging records
Air Force One security reporting
- ▪A July 8 New York Times report stated that the new Qatari-donated Boeing 747-8 "does not have all the features of the older plane" regarding security
- ▪The investigation stemmed from articles about security concerns with President Donald Trump’s new Air Force One jet, a gift from the nation of Qatar
Press freedom concerns
- ▪Federal Judge Arun Subramanian said he would have rejected the subpoenas because they should be a "last resort" in an investigation, not a "first step."
- ▪Judge Subramanian stated the government's actions had turned laws protecting against First Amendment violations "on its head."
- ▪David McCraw, a lawyer for The New York Times, called the subpoenas a "brazen act" to intimidate journalists from doing their jobs
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