U.S. prosecutors on Thursday withdrew grand jury subpoenas that would have compelled three AP News reporters to identify their confidential sources, according to reports from usnews.com. The government’s retreat in U.S. District Court followed a stern reprimand from U.S. District Judge Arun Subramanian, who criticized the handling of the legal work as sloppy and questioned government attorneys about procedural issues in the leak investigation.
Government Withdraws Subpoenas Following Judicial Reprimand
The subpoenas were originally issued on July 10 by Manhattan U.S. Attorney Jay Clayton, whom President Donald Trump nominated to serve as the next U.S. director of national intelligence, as detailed by Hindustantimes. The investigation stemmed from newspaper reports detailing security concerns surrounding a luxurious new Air Force One jet gifted by the Qatari government. According to the reporting, President Trump used an older model aircraft to depart a NATO summit in Turkey because the new plane lacked antimissile and other defensive features.
First Amendment Concerns and Courtroom Back-and-Forth
During the public hearing, Judge Subramanian stated that he otherwise would have granted the newspaper’s request to reject the subpoenas entirely. He emphasized that federal rules and laws pertaining to journalists dictate that subpoenas must be used as a last resort rather than a first step in an investigation, citing protections established under the First Amendment. Lawyers for the newspaper, led by David A. O’Neil of Debevoise & Plimpton, argued in court filings reported by NPR that the White House was abusing the justice system to fish for reporters’ sources and intimidate media coverage.
Justice Department lawyer Sean Buckley defended the government’s actions by characterizing the missteps as inadvertent errors rather than an intentional scheme. Buckley also apologized for separate subpoenas that sought phone records belonging to one reporter’s mother and two of the journalists’ spouses without properly informing the reporters as required by law. Buckley noted that the probe remained ongoing and that the government retained the ability to issue subpoenas to the reporters again in the future.
National Security Justifications and Broader Context
In court filings, prosecutors denied improperly issuing the subpoenas and asserted that the First Amendment does not shield reporters from divulging essential information during criminal investigations. The government maintained that the newspaper’s coverage posed a substantial national security concern regarding the leak of classified national defense information while the president was traveling amid hostilities with a foreign adversary, an apparent reference to Iran coinciding with the collapse of a ceasefire in the U.S.-Israeli war on Iran.
Press freedom advocates and organizations have accused the Trump administration of utilizing subpoenas and search warrants too frequently against news organizations, including previous actions involving the Washington Post and the Wall Street Journal. While administration officials stated they are focused on prosecuting criminal leakers rather than targeting journalists, senior Times executives and legal representatives viewed Thursday’s outcome as an important affirmation of press freedom.