The New York Times is seeking to quash Justice Department subpoenas that ordered three of its reporters to testify before a grand jury, alleging the subpoenas are an abuse of power intended to punish the newspaper for its reporting. The legal challenge was filed in a Manhattan federal court.
The subpoenas were issued as part of a classified leak investigation concerning reports about security concerns related to the presidential aircraft, Air Force One. The aircraft was a donation from Qatar, and the Times had reported on the security systems of a newly retrofitted version of the plane. President Donald Trump has denied that security issues prompted his decision to fly an older Air Force One, stating that the administration spent approximately $400 million to upgrade the aircraft.
David McCraw, the Times’ senior vice president and deputy general counsel, stated that the subpoenas "violate the constitutional rights of The Times and its journalists." He added, "We are going to court to defend our journalists’ rights to report freely on the administration and to provide the public with stories that matter."
According to the Associated Press, three reporters were served subpoenas at their homes. The newspaper had initially anticipated that five journalists might receive such demands. The subpoenas directed the reporters to appear before a federal grand jury on Wednesday, but their testimony did not proceed after the Times filed its legal challenge.
The Justice Department, however, disputed the Times' characterization of the subpoenas. A department spokesperson stated, "To be clear, reporters are not the targets, those leaking classified information are." The department emphasized its role in protecting sensitive government information while acknowledging the important role of the press.
A White House official echoed these sentiments, stating that leaks jeopardizing the safety of the president, staff, and traveling press pool are a threat to national security. The administration affirmed its commitment to pursuing those responsible through lawful means.
Acting Attorney General Todd Blanche defended the subpoenas during his Senate confirmation hearing, comparing the reporters' status to that of witnesses to an event. "They’re material witnesses, just like a reporter would be a material witness to a car crash," Blanche said.
The subpoenas were reportedly issued by Manhattan U.S. Attorney Jay Clayton. The Times has requested that the court unseal the documents related to its challenge, asserting the public's right to information about the case.