The Department of Justice has withdrawn its demands for phone records and grand jury testimony from New York Times reporters. This decision came after a federal judge, US District Judge Arun Subramanian, questioned the DOJ's approach to issuing these subpoenas.
During a hearing, Judge Subramanian reportedly grilled Justice Department lawyers for nearly an hour regarding their handling of the subpoenas. He emphasized that subpoenas to reporters should be a measure of last resort, stating, "they are not the first thing you do—they are the last thing you do."
The subpoenas were issued in connection with an article written by New York Times reporters concerning security concerns related to an Air Force One jet. The NYT reported that the government sought phone and text message records of the journalists and their relatives, in addition to demanding grand jury testimony.
The New York Times had filed a motion to quash the subpoenas, describing the demands as "a brazen effort to intimidate the press." The motion also noted that federal agents served the subpoenas at the journalists' homes, ordering them to appear before a grand jury within three business days.
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The Department of Justice withdrew its demands for phone records and grand jury testimony from New York Times reporters following criticism from a federal judge. The judge stated that subpoenas to reporters should be a last resort, not a first action, leading to the withdrawal of the subpoenas.