'Subpoenas are the last step': DOJ withdraws subpoenas targeting NYT journalists after judge's rebuke

US District Judge Arun Subramanian questioned the government's approach before prosecutors agreed to drop the contested requests
The Justice Department withdrew subpoenas seeking testimony and phone records from The New York Times journalists (AP Images/Getty Images)
The Justice Department withdrew subpoenas seeking testimony and phone records from The New York Times journalists (AP Images/Getty Images)

WASHINGTON, DC: The Justice Department on Thursday, July 23, agreed to withdraw grand jury subpoenas seeking testimony and phone records from New York Times reporters and some of their family members after facing pointed questions from a federal judge about its investigative process.

The subpoenas were part of an investigation into leaks surrounding the newspaper's reporting on security concerns involving President Donald Trump's new Air Force One aircraft. The department, however, said the underlying leak investigation remains ongoing and reserved the right to seek new subpoenas in the future if warranted.

Judge questions DOJ subpoenas targeting New York Times reporters

During a hearing before US District Judge Arun Subramanian in Manhattan, prosecutors initially sought to keep the subpoenas in abeyance rather than withdraw them, arguing the records should be preserved if they became necessary later in the investigation.

Subramanian repeatedly questioned that approach, emphasizing that subpoenas directed at journalists should only be used after all other investigative avenues have been exhausted.

"Doesn't the law indicate that subpoenas are the last step? Not the first step but the last step?" the judge asked. "They are not the first thing you do; they are the last thing you do," he added, citing the "profound First Amendment issues" involved.



During the hearing, prosecutor Sean Buckley also acknowledged that investigators had mistakenly obtained phone records linked to relatives of the reporters, including spouses and, in one case, a reporter's mother, after relying on an incorrect public-source database.

"That was an error," Buckley said. "It was a mistake; it was not in furtherance of the investigation."

A The New York Times newspaper in front of The New York Times company office building at 620 8th Avenue, Midtown Manhattan, New York City. It was completed in 2007 and it is owned by The New York Times Company and Forest City Ratner Companies.
A The New York Times newspaper was pictured outside the company's headquarters in Midtown Manhattan, New York City (Getty Images)

Subramanian also warned that inaccurate and incomplete court submissions could expose the government to sanctions, though Buckley described the errors as inadvertent. The government ultimately agreed to withdraw the subpoenas while continuing other investigative efforts.

Air Force One leak investigation remains active after subpoena withdrawal

The subpoenas were issued after the outlet published articles citing anonymous sources about security concerns involving the new Air Force One, a Boeing 747-8 donated by Qatar. The reports said the Secret Service had advised Trump to return from an international trip aboard the older presidential aircraft because the new jet lacked certain defensive capabilities. 

President Donald Trump speaks after touring the newly designated Air Force One presidential aircraft at Joint Base Andrews, Md., Friday, June 19, 2026. (AP Photo/Manuel Balce Ceneta)
President Donald Trump spoke after touring the newly designated Air Force One aircraft at Joint Base Andrews in Maryland on June 19, 2026 (AP Photo/Manuel Balce Ceneta)

Following Thursday's hearing, The New York Times Senior Vice President and Deputy General Counsel David McGraw welcomed the government's decision.



"We are pleased that the government finally conceded that the subpoenas violated the law, but they should never have been issued in the first place," McGraw said. "The Times and our journalists will continue to report and seek the truth without fear or favor. We will not be deterred in the face of tactics like these."

The Justice Department, however, disputed the court's handling of the matter. In a statement, a department spokesperson said, "This judge threatened our attorneys with sanctions unless subpoenas were withdrawn, and blocked us from presenting the meticulous process of this investigation."



The spokesperson added that the investigation remains active, saying, "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."

GET BREAKING U.S. NEWS & POLITICAL UPDATES
STRAIGHT TO YOUR INBOX.

MORE STORIES

Former RFK Jr adviser Calley Means said Trump was influenced by his staff when Margaret Brennan questioned him about FDA policies favoring big tobacco
2026-11-08T20:48:19.000Z
Even before winning the midterm election, Democratic leaders had been calling for an impeachment resolution against Trump and investigations into his allies and staffers over activities carried out during the first two years of his presidency.
2026-11-08T18:51:34.000Z
As Democrats prepare to investigate the Trump administration over several allegations, including corruption, Stephen Miller is also expected to face scrutiny over his role in overseeing the administration’s immigration policies, among other responsibilities
2026-11-08T17:37:50.000Z
A straw poll conducted at Crooked Con ranked the 2024 Democratic presidential nominee 16th among attendees’ picks for the Democratic Party’s 2028 presidential candidate.
2026-11-08T16:04:43.000Z
Three sources revealed Wiles knew about the vice president's planned post blaming the conflict for the Republicans' 2026 midterm defeat
2026-11-08T07:00:58.000Z
UFC CEO Dana White confirmed a Monday meeting with President Donald Trump in Washington but remained noncommittal about joining his administration
2026-11-08T06:12:21.000Z
Susan Collins was first elected to the Senate in 1996 and was reelected four times before she lost to Democrat Troy Jackson in the 2026 midterms
2026-11-08T05:58:26.000Z
Rick Scott and Mike Lee push to confirm Trump's nominees and pass key legislation before Democrats take control of the Senate in January
2026-11-08T05:42:56.000Z
Calley Means alleged that Susie Wiles withheld support for his efforts to make children’s diets healthier, citing the need for sugar industry money
2026-11-08T04:56:19.000Z
Jessie Liu will examine government representations about the East Potomac Golf Course renovation and the removal of hundreds of trees
2026-11-08T04:14:15.000Z