The U.S. Department of Justice agreed on Thursday, July 23, 2026, to unilaterally withdraw grand jury subpoenas served on New York Times journalists. The reversal in U.S. District Court followed a sharp rebuke from a federal judge who accused prosecutors of failing to carry out initial investigative steps required by the 2nd U.S. Circuit Court of Appeals.
Federal prosecutors abruptly retreated from a high-stakes standoff with the press on Thursday, abandoning efforts to compel reporters to testify about their sources and access their phone records. The abrupt shift came during a public hearing in U.S. District Court before a federal judge who challenged government attorneys over the legality of their demands.
Subpoenas Withdrawn After Judge Confronts Prosecutors in Court
Lawyers for the Department of Justice announced the reversal in open court, telling the judge that prosecutors were prepared to unilaterally withdraw the subpoenas at this time. Sean Buckley, the chief counsel to the U.S. attorney for the Southern District of New York, delivered the concession after enduring sharp questioning from U.S. District Judge Arun Subramanian. Buckley also stated in open court that prosecutors would return to the judge if they decide to seek new subpoenas in the future.
The hearing centered on grand jury subpoenas issued in July 2026 targeting journalists at The New York Times. Attorneys for the New York Times were in court Thursday to fight a series of grand jury subpoenas they allege were to attempt to retaliate against and intimidate reporters whose work angered President Donald Trump. Lawyers for the newspaper had asked the judge to quash those subpoenas, which sought to compel the journalists to testify about their sources, as well as access the phone records of the reporters and some of their family members. U.S. District Judge Arun Subramanian said he would quash the subpoenas if the Department of Justice refused to withdraw them.
The legal battle erupted after the newspaper reported on security concerns involving President Donald Trump’s new Qatari-donated Air Force One. The new Air Force One, a plane gifted by the Qatari government, stands on the tarmac at Joint Base Andrews, Maryland, U.S., July 1, 2026, as reported by Kylie Cooper of Reuters. The New York Times said on Saturday that the U.S. Department of Justice had ordered several of its journalists to testify before a federal grand jury after they reported on security concerns involving the aircraft. The media organization said subpoenas were issued on Friday, July 10, asking that the journalists appear before a grand jury on Wednesday, July 15, to testify in regard to an alleged violation of federal criminal law.
The subpoenas were issued by Jay Clayton, the U.S. attorney in Manhattan, and in some cases delivered to reporters’ homes by federal agents, the news outlet reported. It described the move as an extraordinary escalation in President Trump’s efforts to threaten and intimidate independent news organisations.
Clayton was recently nominated by Trump to lead the Office of the Director of National Intelligence.
Judicial Rebuke Over Inverted Legal Standards and Imprecise Wording
Judge Subramanian made clear during the proceeding that he viewed the situation as a matter of basic compliance with the law.
“Doesn’t that turn the law and regulations on its head? Subpoenas are the last step, not the first step.”
Judge Arun Subramanian, U.S. District Court
Buckley acknowledged in open court that the Department of Justice served the subpoenas before carrying out some initial investigative steps — a requirement imposed by the 2nd U.S. Circuit Court of Appeals.
National Security Justifications and Government and Stakeholder Responses
In a statement to Reuters, a Department of Justice spokesperson did not confirm or deny the subpoenas but said the administration was not targeting reporters but was concerned about people leaking classified information. The White House referred all questions to the Justice Department.
Journalism advocacy groups criticised the subpoenas as a threat to press freedom and constitutional rights. The National Press Club urged the Department of Justice to “immediately” withdraw the subpoenas.
“When federal agents arrive at the homes of journalists with subpoenas, it is not ordinary law enforcement. It is an extraordinary assault on the freedom of the press that strikes at the heart of the First Amendment.”
The National Press Club
Sources: aol.com.
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