Judge forces DOJ to withdraw subpoenas for NYT reporters' phone records
A federal judge criticized the Department of Justice for demanding phone records and grand jury testimony from New York Times reporters covering Air Force One security issues, leading the DOJ to withdraw the subpoenas during a hearing.
US District Judge Arun Subramanian grilled Justice Department lawyers for nearly an hour during a hearing on Thursday over their handling of subpoenas targeting New York Times journalists. The government had sought phone and text messaging records of the reporters and their relatives, including one reporter's mother and two reporters' spouses, as well as demands for grand jury testimony. The case stems from NYT articles about security concerns related to the Air Force One jet donated to former President Donald Trump by Qatar.
During the hearing, Judge Subramanian told Sean Buckley, chief counsel for the US attorney in New York's southern district: "Either we can quash the subpoenas, or you could withdraw the subpoenas." He emphasized that subpoenas to reporters "are not the first thing you do—they are the last thing you do" and called it "a matter of basic compliance with the law." Government lawyers agreed to withdraw the subpoenas on the spot.
In a subsequent order, Subramanian wrote that the government voluntarily withdrew the challenged subpoenas, including those issued to journalists and third parties, declaring them null and void. As a result, the motions to quash were deemed moot.
The New York Times had filed a motion to quash the subpoenas on July 15, calling the demands "a brazen effort to intimidate the press into abandoning its critical, constitutionally protected role." The motion noted that armed federal agents served the subpoenas at the reporters' homes, ordering them to appear before a grand jury within three business days.
