The Justice Department on Thursday withdrew subpoenas it had previously filed against three New York Times journalists as part of a leak probe, marking a significant reversal in a case that had drawn sharp criticism from press freedom advocates. The subpoenas sought grand jury testimony and phone records from reporters Tyler Pager, Julian Barnes, Eric Schmitt, and Eric Lipton, all of whom contributed to a report published earlier this month about President Donald Trump's travel arrangements.
The Times report, citing anonymous sources, revealed that President Trump flew home from Turkey on his old Air Force One instead of the new Boeing 747-8 donated by Qatar, which he had used to travel to the NATO summit. The report suggested the change was prompted by security concerns amid escalated military tensions between the United States and Iran. Trump denied any security issues with the aircraft, posting on Truth Social that the stop at Mildenhall Air Base in the United Kingdom was arranged so service members could view the new plane.
The Justice Department launched a leak probe following the publication, aiming to identify the sources who provided the journalists with sensitive information. The subpoenas sparked an outcry from critics who accused the Trump administration of violating First Amendment protections for press freedom. In a statement to Fox News Digital, New York Times Senior Vice President and Deputy General Counsel David McCraw said, "Today's proceeding was an important affirmation of our country's commitment to a free press. We are pleased that the government finally conceded that the subpoenas violated the law, but they should never have been issued in the first place."
McCraw added that the Times and its journalists "will continue to report and seek the truth without fear or favor" and that they "will not be deterred in the face of tactics like these." The Justice Department did not immediately respond to a request for comment on the withdrawal. Previously, a DOJ spokesperson had defended the subpoenas, stating that while the department values the press's role, it also has a responsibility to investigate leaks of classified information that impact national security.
The case is part of a broader pattern of the Trump administration taking a hard line on leaks to the media. Defense Secretary Pete Hegseth recently announced a joint task force with the Justice Department to prosecute leaks to journalists "with the full force of the law." The administration has argued that such measures are necessary to protect national security, but press advocates warn they could chill investigative reporting and undermine democratic accountability.
The Times report at the center of the controversy detailed how Trump flew out of the NATO summit in Turkey on his older Air Force One jet rather than the newer aircraft gifted by Qatar. The newspaper alleged the change was due to heightened military tensions between the U.S. and Iran, though Trump dismissed any security concerns. He instead emphasized that the Mildenhall stop allowed service members to see the new plane. The subpoenas had targeted the journalists' phone records and grand jury testimony, raising concerns about the government's ability to compel reporters to reveal confidential sources.
Legal experts noted that the withdrawal of the subpoenas represents a victory for press freedom, but they cautioned that the underlying legal issues remain unresolved. The case highlights ongoing tensions between the executive branch's efforts to curb leaks and the media's role in holding government accountable. The Times has vowed to continue its reporting, and the DOJ's decision to back down may signal a shift in strategy, though the administration has not indicated any change in its broader approach to leak investigations.
