US Justice Department withdraws subpoenas against New York Times journalists over Air Force One security reports
Federal prosecutors agreed to withdraw subpoenas seeking phone records and testimony from three New York Times journalists during a Manhattan court hearing, after the newspaper argued the demands were an unconstitutional attempt to intimidate the press.
The subpoenas and the reporting
On July 10, Manhattan US Attorney Jay Clayton issued subpoenas to three New York Times journalists who had reported on security concerns surrounding the new Air Force One, a Boeing 747-8 gifted to President Donald Trump by Qatar's royal family the previous year. The reporters, citing anonymous sources, wrote that Trump flew to the NATO summit in Ankara on July 1 aboard the new plane but departed Turkey on July 10 using an older Air Force One after the Secret Service raised alarms that the Qatari-donated aircraft lacked anti-missile defences and other protective systems. The switch took Trump to RAF Mildenhall in the United Kingdom, where he transferred back to the new plane for the flight home. The government argued the coverage posed a "substantial national security concern" because it appeared while a ceasefire in the US-Israeli war on Iran had collapsed.
| Jul 1 | Trump flies new Qatari-donated Air Force One to NATO summit in Ankara. |
|---|---|
| Jul 10 | Trump departs Turkey on old Air Force One; Secret Service cites missing anti-missile defences. |
| Jul 10 | Manhattan US Attorney Jay Clayton issues subpoenas to three New York Times journalists. |
| Jul 23 | Federal prosecutors withdraw subpoenas during Manhattan court hearing. |
The legal challenge
The New York Times filed a motion to quash the subpoenas, which demanded phone records and grand jury testimony. The newspaper's lawyers said federal agents sought records from phones belonging to one journalist's mother and another's spouse. They called the subpoenas "abusive and improper" and argued they violated the First Amendment's press protections, describing them as part of an escalating series of attacks to intimidate journalists from reporting the administration disliked. At a hearing on July 23 before US District Judge Arun Subramanian in Manhattan, federal prosecutors agreed to "unilaterally withdraw the subpoenas at this time." Judge Subramanian indicated he would quash the subpoenas if the Justice Department did not withdraw them. Sean Buckley, chief counsel to the US attorney for the Southern District of New York, conceded procedural missteps in serving the legal summonses.
Reactions
David McCraw, the New York Times' lawyer, welcomed the outcome.
We are pleased that the government has finally acknowledged that these subpoenas violated the law. We will not be intimidated by such tactics.
He also called the withdrawal an "important affirmation of our country's commitment to press freedom." Reporters Without Borders (RSF) issued a statement celebrating the decision.
The court has reaffirmed that the government cannot use its legal powers to intimidate reporters or erode the independence of the press.
The investigation continues
Despite the retreat, the Justice Department insisted the leak probe is not over. A spokesperson said in a statement after the hearing that the investigation remains ongoing and that the department will pursue those who leak classified information.
Make no mistake, this investigation remains ongoing, and we will pursue justice against those threatening national security by leaking classified information, a serious federal crime.
Trump himself had denied that security concerns prompted the aircraft switch, but days before the hearing he announced the plane would be sent back to the hangar for upgrades "to the maximum," without providing details.
Broader pressure on the media
The subpoenas were the latest in a series of moves by the Trump administration against news organisations. Similar legal summonses targeting journalists at the Washington Post and the Wall Street Journal were also withdrawn recently. The New York Times has been a frequent target of the president's criticism, and press freedom groups have accused the administration of using subpoenas and search warrants too freely to compel reporters to reveal confidential sources.
Sources
- US judge to weigh New York Times subpoenas over Trump plane reporting
Reuters · Jul 23 - Bericht über Trumps Luxusflieger: US-Justizministerium macht Rückzieher im Streit mit "New York Times"
N-tv · Jul 23 - Trump administration drops New York Times subpoenas
Deutsche Welle · Jul 23 - Le ministère américain de la Justice annule les citations à comparaître de journalistes du New York Times
Ouest France · Jul 23 - Air Force One: Erfolg für "New York Times" im Streit mit Trump-Regierung
ZEIT ONLINE · Jul 23 - Erfolg für "New York Times" bei Streit mit Trump-Regierung
newsORF.at · Jul 23 - Justice dept withdraws subpoenas against New York Times journalists over Air Force One reports
BBC · Jul 23 - Usa, caso Air Force One: il governo ritira i mandati di comparizione contro i giornalisti
Tgcom24 · Jul 23