WASHINGTON — The New York Times has asked a federal court to quash grand jury subpoenas issued to several of its journalists over reporting on security concerns involving President Donald Trump's new Air Force One, setting up a legal battle over press freedom and the government's authority to compel reporters to reveal confidential sources.
The newspaper filed the motion under seal in the U.S. District Court for the Southern District of New York after federal prosecutors ordered three reporters to appear before a Manhattan grand jury. The subpoenas were issued by U.S. Attorney Jay Clayton shortly after the newspaper reported that a Boeing 747 donated by Qatar for presidential use lacked some of the defensive capabilities carried by the existing Air Force One fleet.
David McCraw, senior vice president and deputy general counsel for The New York Times, said the subpoenas were issued "in bad faith to punish The Times for its coverage" and violated constitutional protections afforded to the newspaper and its journalists. He also said the publication had asked the court to unseal its filing, arguing that the public had a right to know the basis of the dispute.
The Justice Department has said the reporters are not targets of the criminal investigation. Acting Attorney General Todd Blanche told lawmakers on Wednesday that prosecutors view the journalists as material witnesses in an effort to identify the source of what the administration says was an unauthorized disclosure of sensitive national security information.
The dispute stems from reporting that Trump traveled to a NATO summit aboard an older Air Force One after security officials raised concerns about the capabilities of the Qatari-donated aircraft. The administration has launched a leak investigation into the disclosure of information about the aircraft's security features.
The subpoenas have drawn criticism from press freedom advocates, who argue that compelling journalists to testify about confidential sources could undermine investigative reporting. The case also follows a broader shift in Justice Department policy under the Trump administration, which rolled back Biden-era restrictions on using subpoenas and other compulsory measures against members of the news media in leak investigations.
As of Wednesday, the court had not ruled on The New York Times' motion, and the legal filings remained under seal pending further action.
