A federal judge forced the Justice Department to withdraw subpoenas targeting New York Times reporters investigating classified information leaks, delivering a sharp rebuke to prosecutors who admitted making significant errors in their pursuit of journalists’ sources.
Judge Threatens Sanctions Over DOJ Conduct
U.S. District Judge Arun Subramanian confronted federal prosecutors during a heated Thursday hearing, questioning why the department issued subpoenas before exhausting other investigative methods. The judge raised concerns about potential perjury in the application for the subpoenas and threatened sanctions against government attorneys. From the hearing’s outset, Subramanian made clear the government could either withdraw the subpoenas voluntarily or he would quash them himself.
The Justice Department initially requested a two-week suspension to pursue alternative investigative approaches. Subramanian rejected this proposal, emphasizing that the agency’s own regulations require subpoenas as a last resort, not an opening move. In a brief order following the hearing, the judge confirmed the government voluntarily withdrew the challenged subpoenas, rendering them null and void.
DOJ Admits Targeting Reporter Family Members
Sean Buckley, a lawyer with the U.S. attorney’s office in Manhattan, acknowledged in court that subpoenas seeking information about reporters’ family members constituted an error and a mistake. The department had requested phone records for the spouses of two reporters and one journalist’s mother. Buckley clarified the investigation targets the Times’ sources, not the reporters themselves, though the subpoena scope suggested otherwise.
Two subpoenas requested phone records dating back to January 1, months before the Times began reporting on security concerns regarding a Qatari-donated airplane. Times attorneys argued this timeline indicates the department used the investigation to broadly explore journalists’ source relationships rather than focus on specific articles published July 8 and 9.
Press Freedom Clash Continues
The Justice Department defended its actions through a spokesperson who criticized Subramanian for threatening attorneys with sanctions and blocking presentation of the investigation’s meticulous process. The spokesperson insisted the investigation remains ongoing and vowed to pursue justice against those threatening national security by leaking classified information.
New York Times deputy general counsel David McCraw praised the proceeding as an important affirmation of the country’s commitment to press freedom. He expressed satisfaction that the government finally conceded the subpoenas violated the law but emphasized they should never have been issued. McCraw pledged the Times would continue reporting without fear or favor, refusing to be deterred by such tactics.