The Department of Justice backed down Thursday in its effort to compel New York Times journalists to testify about their reporting on President Trump's Qatari-gifted aircraft, withdrawing subpoenas after a federal judge signaled he would sanction the government if it proceeded.
U.S. District Judge Arun Subramanian pressed the Trump administration hard during the hearing, according to a DOJ spokesperson, who said the judge "threatened our attorneys with sanctions unless subpoenas were withdrawn, and blocked us from presenting the meticulous process of this investigation."
The government had subpoenaed the reporters earlier this month, ordering them to provide grand jury testimony and delivering the orders to their homes. The articles in question compared security features on the luxury Boeing 747-8, which Trump received as a gift from Qatar, to those on the previous Air Force One, drawing on sources briefed on the plane's retrofit and presidential travel plans.
The Times immediately moved to kill the subpoenas, arguing they represented a "brazen effort to intimidate the press" rooted in "bad faith." The newspaper's legal team contended the government failed to meet the legal standard required to force journalists to reveal confidential sources.
The government had framed the reporting as a national security threat, claiming the articles indicated potential leaks of classified or defense information. In filings, it said investigators were still pursuing leads that might be relevant to whether reporter privilege applied in the case, and requested the Times preserve relevant records while it conducted further inquiry.
The Times countered that if the government had genuine alternative investigative avenues, it should have pursued them before sending armed agents to the journalists' homes. The newspaper's lawyers argued the subpoenas lacked the legal foundation needed to compel testimony from press sources.
The reversal comes just before the rescheduled White House Correspondents' Association Dinner, where Trump is scheduled to speak. The decision marks a rare moment of restraint from an administration that has otherwise pursued an aggressive posture toward media outlets over national security leaks.
A DOJ spokesperson said the investigation into the leaked information "remains ongoing, and we will pursue justice against those threatening national security by leaking classified information, a serious federal crime." The agency did not elaborate on whether it would pursue alternative means of identifying the sources.
Author James Rodriguez: "The judge's willingness to threaten sanctions sent a clear message that even this Justice Department has limits when it comes to pressuring reporters."
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