DOJ withdraws subpoenas issued to New York Times reporters over Qatar-gifted aircraft coverage
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A federal judge ordered the Justice Department to drop grand-jury subpoenas for New York Times journalists who reported on security shortcomings of the president's Qatar-donated Air Force One replacement.
The Justice Department announced on Thursday that it will withdraw the grand-jury subpoenas it had served on several New York Times reporters. The subpoenas were issued after the newspaper published articles questioning the security features of a $400 million Qatar-gifted aircraft intended to replace Air Force One, noting the lack of anti-missile systems present on older models.
During a hearing, U.S. District Judge Arun Subramanian asked senior Manhattan prosecutor Sean Buckley whether the subpoenas met the legal standard that requires authorities to exhaust all other sources before compelling testimony from journalists. The judge emphasized that subpoenas should be a “last step, not the first step,” and reiterated the requirement for “reasonable attempts” to obtain information elsewhere.
Buckley acknowledged the department’s earlier reliance on an exception cited by the attorney general, but after further questioning agreed to withdraw the subpoenas and pledged to follow proper procedures in any future actions.
The Times’ legal team had argued that the subpoenas violated press-freedom protections and were issued in response to the newspaper’s reporting. In a statement, senior vice-president and deputy general counsel David McCraw said the decision affirmed the country’s commitment to a free press and that the newspaper would continue reporting without fear.
The Justice Department, while accepting the withdrawal, issued a statement asserting that the grand jury retains the right to hear testimony from material witnesses in a national-security investigation and that the investigation remains ongoing.