Donald Trump's Justice Department will withdraw subpoenas issued to New York Times journalists who reported on security concerns about the president flying on a Qatari-donated Air Force One, a prosecutor said at a court hearing on Thursday.
The subpoenas issued by Manhattan U.S. Attorney Jay Clayton on July 10 are the latest instance of the Trump administration seeking to force journalists to divulge their sources, part of what critics describe as the president’s broader pressure campaign against the media.
U.S. District Judge Arun Subramanian has paused enforcement of the subpoenas pending Thursday’s hearing, which is set for 2 p.m. ET (1800 GMT) in Manhattan federal court.
Justice Department defends leak probe
Prosecutors denied improperly issuing the subpoenas and said in a Tuesday court filing that the First Amendment does not shield reporters from having to divulge essential information in criminal investigations.
The government also said the Times’ coverage posed a “substantial national security concern” about leaks of classified national defense information when the president was flying amid hostilities with a foreign adversary intent on harming him, an apparent reference to Iran.
Both Republican and Democratic administrations have sought to compel journalists to reveal sources in leak probes, but press groups say Trump's Republican administration has used subpoenas and search warrants too freely, including against the Washington Post and the Wall Street Journal. They also accuse Trump of using government power and private lawsuits to bully and harass the news media.
The Trump administration has said it is pursuing criminal charges against leakers, not targeting journalists, and Trump’s private lawyers say they are seeking to hold the media accountable for false coverage.
Times challenges subpoenas on First Amendment grounds
Prosecutors have asked Subramanian to put the subpoenas on hold for two weeks because next steps in the investigation could factor into his decision, while the Times has asked the judge to throw them out.
Clayton, Trump’s pick to be the next U.S. director of national intelligence, issued the subpoenas after the Times reported that Trump left Turkey on the old Air Force One because a new plane donated by Qatar lacked antimissile and other defensive features.
The reports cited anonymous sources and came as a ceasefire collapsed in the U.S.-Israeli war on Iran.
The Times said in a court filing that the subpoenas are aimed at harassing and intimidating journalists, in violation of free press protections under the First Amendment of the Constitution.
The company also accused the Justice Department of violating internal policies on the use of subpoenas against journalists, which is supposed to be a rare step requiring top-level approval.
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