US government cancels subpoenas against three New York Times reporters

The U.S. government has withdrawn subpoenas that sought to compel three New York Times reporters to testify about their sources for a story concerning an Air Force One jet gifted to former President Donald Trump by Qatar. This move marks the latest setback for the government's attempts to obtain information from journalists, which critics argue threatens press freedoms.

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Subpoenas are not the first thing you do; they are the last thing you do.

During a court hearing, Judge Arun Subramanian expressed strong disapproval of the government's legal strategy. He described the subpoenas as "sloppy legal work" and emphasized that such measures should be a last resort, not an initial step. The judge indicated that in a civil proceeding, he would typically consider issuing sanctions for such conduct.

The Trump administration's efforts to compel testimony and obtain reporter records had raised significant concerns about press freedom, particularly as the administration frequently targeted critical media outlets. However, these efforts have largely failed in court. The government recently withdrew similar subpoenas aimed at reporters from The Washington Post and The Wall Street Journal.

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When you see something like this, if this were a civil proceeding, what I would normally do is ask the parties to show causes why sanctions should not be issued.

Lawyers representing The New York Times challenged the grand jury subpoenas and those seeking phone records of journalists and their relatives. The government stated its focus is on individuals leaking classified information, not the reporters themselves. Obtaining information from sources is considered a cornerstone of journalism, especially for national security reporting, and attempts to compel disclosure are seen as undermining these essential protections.

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Reporters are not the targets; those leaking classified information are.