New York Times challenges White House subpoenas targeting reporters in federal court

The New York Times will ask a Manhattan federal judge to invalidate grand-jury subpoenas issued to five of its reporters and to several family members after a July 8 report on security concerns surrounding the president's new Air Force One. The newspaper contends the subpoenas were issued to pressure journalists for source information and to deter coverage the administration finds unfavorable.

In filings, the Times' legal team, led by David A. O'Neil of Debevoise & Plimpton, said the subpoenas were delivered to reporters' homes within two days of the story's publication and that FBI Director Kash Patel personally oversaw the action.

"The Government's actions violate the most basic First Amendment protections for newsgathering activity," the lawyers wrote.

The Justice Department maintains the subpoenas were part of a legitimate national-security investigation and that officials sought to limit any intrusion on press operations. U.S. Attorney Jay Clayton, who testified before the Senate, said the department had followed appropriate policies and respected the First Amendment.

The Times also alleges that the FBI obtained phone records for the reporters, the spouses of two reporters and the mother of one reporter without initially notifying the newspaper, preventing the outlet from seeking timely court relief.

"When something like this happens, it's very frightening," said Katherine Marsh, the wife of Times reporter Julian E. Barnes, describing the agents' visit to their home.

The case follows earlier disputes between the Trump administration and the newspaper, including a $15 billion lawsuit filed by the president over coverage of his business affairs. The current hearing will determine whether the subpoenas can be quashed.