The New York Times on Wednesday filed a motion to quash subpoenas served by the Justice Department on journalists who reported on security concerns involving the new Air Force One, a gift from Qatar. The motion, filed under seal in the Southern District of New York, sets up a major legal confrontation over press freedom and the government's authority to force reporters to identify confidential sources.
Bad Faith Allegations
David McCraw, the newspaper's senior vice-president and deputy general counsel, stated: "As we set out in our motion, these subpoenas are brought in bad faith to punish the Times for its coverage. They violate the constitutional rights of the Times and its journalists. We are going to court to defend our journalists’ rights to report freely on the administration and to provide the public with stories that matter." The subpoenas, delivered last Friday, ordered the journalists to testify before a federal grand jury in Manhattan.
Escalation of Crackdown
The subpoenas, some delivered to reporters at their homes, represent a dramatic escalation of the Trump administration's crackdown on media leaks. Free press advocates condemned the move as an effort to intimidate news organizations. It follows an FBI search earlier this year of a Washington Post reporter's home and the seizure of her electronic devices.
Air Force One Security Story
The Times reported, citing anonymous sources, that the new Air Force One jet—a gift from Qatar that cost $400 million to retrofit and upgrade—lacked some advanced security features of the older aircraft, including antimissile capabilities. The newer plane recently entered service, but President Trump used an older model to leave a NATO summit in Turkey last week. Trump denied security concerns on social media.
Justice Department Justification
The Justice Department justified the subpoenas by stating: "To be clear, reporters are not the targets, those leaking classified information are." It added: "We value and appreciate the important role that the press plays in this country. But [the] DoJ also plays an important role to make sure that the people entrusted with our nation’s secrets do what they’re supposed to do with that information, which means not sharing classified information." While the department has periodically seized phone records of journalists in leak investigations, compelling reporters to testify before a grand jury is extremely rare.
