DOJ told the court on July 23 it will withdraw subpoenas in the leak probe.
Why it matters: The move ends, for now, a fight over subpoenas targeting reporters' phone records and grand jury testimony. It also leaves open questions about how prosecutors handled notice and disclosure in the leak investigation.
- The Justice Department told a federal judge on July 23 it will withdraw subpoenas for three New York Times reporters.
- The subpoenas were tied to a leak probe connected to reporting on a Qatar-gifted Air Force One jet.
- Judge Arun Subramanian questioned prosecutors in Manhattan about possible notice and procedural issues.
- A sealed July 19 order had already stayed enforcement of phone-provider subpoenas and required DOJ to disclose grand jury subpoenas to the court.
The Justice Department told a federal judge on July 23 that it will withdraw subpoenas seeking grand jury testimony and phone records from three New York Times reporters in a leak investigation tied to the paper's reporting on security concerns involving a Qatar-donated aircraft used as Air Force One, according to Reuters.
The announcement came after Judge Arun Subramanian questioned government lawyers at a Manhattan hearing about how the subpoenas were handled and whether required notice procedures were followed, AP reported.
The Times said the subpoenas were brought in bad faith and were meant to intimidate journalists and identify confidential sources. The paper's lead newsroom lawyer, David McCraw, called the outcome "a great day for the First Amendment and a great day for the rule of law."
According to court filings and press-freedom reporting, the subpoenas were issued on July 10, with additional phone-record demands on July 14 and July 16. A sealed court order on July 19 stayed enforcement of the phone-provider subpoenas pending the Times's motion to quash and required the government to disclose all subpoenas in the grand jury proceeding to the court.
The underlying reporting involved a July 8-9 New York Times story about alleged security deficiencies on the Qatar-donated aircraft being used as Air Force One. Assistant U.S. Attorney Sean Buckley said in court, "The government is prepared unilaterally to withdraw the subpoenas."
By the numbers
- 3 - Times reporters targeted by the subpoenas
- 4 - July dates referenced in the subpoena fight: 10, 14, 16 and 19
Yes, but: The leak investigation is still ongoing, and DOJ's withdrawal of these subpoenas does not end the broader probe.