The New York Times filed a court motion on Wednesday to block federal grand jury subpoenas to three of its journalists over their reporting on security concerns with President Trump’s new Qatar-donated Air Force One, escalating a legal fight over press freedom and the government’s power to compel reporters to reveal sources.
The subpoenas were issued Friday by Jay Clayton, the U.S. Attorney in Manhattan, and delivered to reporters at their homes. The journalists were ordered to appear before a grand jury panel in Manhattan federal court after the Times reported that the new Air Force One lacked some of the advanced security features of the older aircraft, including antimissile capabilities.
David McCraw, senior vice president and deputy general counsel of the New York Times, said in a statement that “these subpoenas are brought in bad faith to punish the Times for its coverage.” He added: “We are going to court to defend our journalists’ rights to report freely on the administration and to provide the public with stories that matter.”
The Times’ reporting had noted that Trump switched to an older Air Force One model when leaving a NATO summit in Turkey last week, citing anonymous sources who said the Secret Service had urged the change. The Qatari-gifted Boeing 747-8 underwent a $400 million retrofit before entering service.
The Justice Department has defended the subpoenas by stating that reporters are not targets of an investigation but that the subpoenas seek to identify people who leaked sensitive national security information. Acting Attorney General Todd Blanche told a U.S. Senate panel that the department values the press’s role but must protect classified information.
Justice Department policies place limitations on subpoenas of journalists and require top-level approval for such actions. Federal judges have shown a rare willingness during the Trump administration to block subpoenas they find politically motivated. Courts earlier this year quashed demands for information in probes of former Federal Reserve Chair Jerome Powell and Democratic officials in Minnesota.
The subpoenas represent an escalation of the Trump administration’s crackdown on media leaks. Earlier this year, the FBI conducted a rare search of a Washington Post reporter’s home as part of a leak investigation. Press advocacy groups including the National Press Club and the Reporters Committee for Freedom of the Press criticized the New York Times subpoenas, with some accusing the Trump administration of using government power to bully and harass news organizations.
Sources
- Reuters — Motion to quash subpoenas, DOJ policy on journalist subpoenas, McCraw statement, and historical context on journalist subpoena practices
- The Guardian — Details on motion filing, Air Force One reporting, Secret Service involvement, and press freedom implications
- NBC News — Background on DOJ rescinding Biden-era protections for journalists in leak investigations
- AP News — Information on journalist subpoena patterns and press freedom concerns
