NYT pushes back against DOJ’s subpoenas over agency’s sources with legal action

The New York Times is going ahead with challenging US Justice Department subpoenas issued to five of its journalists as part of a criminal investigation into alleged leaks surrounding the newspaper's reporting on security vulnerabilities in President Donald Trump's new Air Force One.

The American newspaper filed a motion to quash the subpoenas, arguing they violate constitutional protections for press freedom, as they announced in their reporting.

David McCraw, the Times' deputy general counsel, described the government's actions as retaliation for the paper's reporting.

"As we set out in our motion, these subpoenas are brought in bad faith to punish The Times for its coverage. They violate the constitutional rights of The Times and its journalists. We are going to court to defend our journalists' rights to report freely on the administration and to provide the public with stories that matter," he urged.

The subpoenas, signed by Jay Clayton, the US attorney for the Southern District of New York and President Donald Trump's nominee for director of national intelligence, require the five reporters to testify before a federal grand jury in Manhattan.

The journalists had published an investigation a day earlier examining security concerns surrounding Trump's new Air Force One, a modified Boeing 747-8 donated by Qatar. According to the Times, the aircraft lacks some of the advanced missile defense systems installed on the current presidential plane

McCraw said the newspaper filed its motion to quash under seal in accordance with a court order and is seeking to have the filings made public. US District Judge Ronnie Abrams, who oversees grand jury matters at the Manhattan federal courthouse this week, has been assigned to the case.

The subpoenas drew scrutiny during Senate hearings on July 16.

During a confirmation hearing before the Senate Intelligence Committee, Sen. Ron Wyden described the investigation as a "flagrant attack" on journalists while questioning Clayton. At a separate Judiciary Committee hearing, Sen. Peter Welch pressed Todd Blanche, Trump's nominee for attorney general, over the Justice Department's decision to subpoena the reporters.

Blanche defended the move, arguing that the journalists were being treated as witnesses rather than targets.

"The question we want to ask them is who provided them with classified national security information, which everybody in this body should want to protect — I would hope," the AG candidate said.

He also compared the reporters' role to eyewitnesses in a criminal investigation.

According to the Times, the White House directed FBI Director Kash Patel to oversee the leak investigation into the newspaper's reporting on Air Force One.

The dispute comes after the Justice Department last year reversed Biden-era policies that had made it more difficult for prosecutors to subpoena journalists or obtain search warrants targeting members of the press. Then-Attorney General Pam Bondi lifted the restrictions, allowing prosecutors greater latitude to pursue reporters' records in leak investigations.

By Nazrin Sadigova