New York Times files lawsuit to block subpoenas targeting its reporters

The New York Times has moved to block subpoenas issued last week that seek testimony from several of its reporters before a grand jury about anonymous sources. The newspaper’s lead newsroom attorney, David McCraw, said the subpoenas are "brought in bad faith to punish The Times for its coverage" and violate constitutional rights.

The subpoenas were issued two days after the paper published a story challenging President Donald Trump’s statements about a newly gifted Air Force One aircraft. The Justice Department responded that the subpoenas target leakers of classified information, not journalists.

"Reporters are not the targets; those leaking classified information are," a Justice Department spokesperson said.

Attorney general nominee Todd Blanche defended the subpoenas at a Senate confirmation hearing, describing the reporters as "material witnesses" comparable to witnesses in a car-crash investigation.

"They are witnesses," Blanche said.

The Times filed a motion under seal, arguing that the public has a right to know about the case and requesting that the sealed filings be made public. The newspaper’s executive editor, Joe Kahn, called the action an attempt to intimidate journalists and warned that such pressure threatens press freedom.

"We see this… as an attempt to intimidate the journalists and The Times itself," Kahn said.

U.S. Attorney Jay Clayton, who signed the subpoens and is being considered for a senior intelligence post, told senators that the government followed required procedures, including safeguards for the First Amendment.

"We followed the processes that we’re required to follow, including those we have in place to protect the First Amendment and protect the freedom of the press," Clayton said.

A coalition of First Amendment groups and media advocates has expressed support for the newspaper’s legal challenge.