DOJ withdraws subpoenas to Times

What's happened

The Department of Justice has withdrawn grand jury subpoenas that sought New York Times reporters' testimony and phone records after a federal judge sharply questioned the government's handling of the leak probe into reporting about President Trump's new Air Force One. The DOJ has said the investigation remains ongoing.

What's behind the headline?

What happened and why it matters

• The DOJ has pulled subpoenas that would have compelled New York Times reporters to testify before a federal grand jury and would have demanded phone and text records from third-party providers and some relatives. This removes an immediate legal threat to the journalists and prevents compelled disclosure of source records — at least for now.

What the hearing revealed

• Judge Arun Subramanian is pressuring the government over procedural lapses. He told DOJ lawyers that "subpoenas are the last step, not the first step," and signalled he could sanction attorneys for the way the subpoenas were handled. The judge is forcing the government to justify using grand jury tools against reporters.

The government's position

• The DOJ is defending the probe and is saying it is pursuing leakers, not journalists. Officials have argued the Times' reporting raised a "substantial national security concern" and that the investigation remains ongoing despite withdrawing these particular subpoenas.

The immediate consequences

• The withdrawal will likely reduce legal risks for the Times' reporters and their relatives who were swept up in broad phone-record requests. It will also blunt a high-profile clash between the administration and a major news organisation ahead of the White House Correspondents' Association Dinner.

What happens next

• The government will continue investigating leaks and can refile subpoenas if it cures procedural errors. The judge's conduct shows courts will scrutinise aggressive use of grand jury tools against journalists; prosecutors will need clearer documentary grounds before returning.

Forecast

• This will increase pressure on the DOJ to follow internal rules before targeting reporters. Newsrooms will intensify demands for stronger legal protections and more aggressive defence of reporters' records. Prosecutors will adapt by seeking alternative investigative paths or narrower, better-documented subpoenas before asking courts to compel journalists.

How we got here

The subpoenas followed New York Times articles that reported the president used an older plane after Secret Service concerns about a Qatar-donated 747-8. The Times has challenged the subpoenas as an improper effort to compel reporters to reveal confidential sources.

Our analysis

Several outlets have covered the same hearing and they emphasise different details. The New York Times has filed a motion to quash and described the subpoenas as "a brazen effort to intimidate the press," arguing agents served orders at reporters' homes and that the government sought records belonging to relatives. The Times' filing, as reported by Ars Technica, said the subpoenas covered phone records from July 10, 14 and 16 and that the government conceded errors in earlier filings, including the inadvertent inclusion of relatives' records. Judge Arun Subramanian's courtroom exchanges drew sharp coverage. BBC Business quoted the judge saying the subpoenas were improper and noted the DOJ conceded procedural missteps; the BBC also quoted a DOJ statement that "the investigation remains ongoing, and we will pursue justice against those threatening national security by leaking classified information." Axios framed the development around timing, saying the administration backed down on the eve of the rescheduled White House Correspondents' Association Dinner and reporting that Subramanian had "grilled" government lawyers. Ars Technica provided granular detail about the government's concessions in court, reporting that prosecutors acknowledged they had omitted material facts when seeking secrecy in related filings and that Sean Buckley described the inclusion of relatives' records as an "error" from moving quickly. Al Jazeera and The Independent highlighted the judge's rebuke — Al Jazeera quoted him saying "Subpoenas are not the first thing you do; they are the last thing you do" — and The Independent reported concerns about the breadth of the records sought, including a reporter's mother and spouses with confidential professions. CNBC and The Times of Israel emphasised both the procedural posture — the DOJ's withdrawal of the subpoenas while the probe continues — and the administration's framing that it is targeting leakers rather than journalists. Together, the sources show unanimous reporting that the su

Go deeper

• Will the DOJ refile more narrowly tailored subpoenas in the leak probe?
• Will federal courts set new limits or sanctions on using grand jury subpoenas for journalists?
• How will news organisations change legal protections for reporters after this hearing?

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