New York Times Wins End to Subpoenas in Trump Plane Leak Probe

US prosecutors have withdrawn subpoenas issued to journalists at The New York Times (NYT) who reported on security concerns surrounding President Donald Trump’s travel on a new Air Force One aircraft donated by Qatar.

A prosecutor from Manhattan US Attorney Jay Clayton’s office informed a federal judge on Thursday that the government would withdraw the subpoenas, which were issued on July 10 as part of an investigation into the alleged leak of sensitive national security information.

The subpoenas were the latest move by the Trump administration to compel journalists to disclose confidential sources in leak investigations — a practice that press freedom advocates have warned could discourage investigative reporting.

US District Judge Arun Subramanian questioned government lawyers for around 90 minutes about procedural issues in the investigation, including the handling of subpoenas seeking reporters’ phone records.

Following the hearing, prosecutor Sean Buckley told the court that the government was “prepared unilaterally to withdraw the subpoenas”, while adding that the investigation remained ongoing and that officials could seek new subpoenas against the journalists in the future.

Clayton, who was nominated by Trump to become the next US Director of National Intelligence, issued the subpoenas after The New York Times reported that Trump had continued using the existing Air Force One aircraft after concerns were raised that the new plane donated by Qatar lacked anti-missile and other defensive systems.

The government argued that the newspaper’s reporting raised a “substantial national security concern” because it involved the alleged disclosure of classified national defence information while the President was travelling during a period of heightened tensions with a foreign adversary, an apparent reference to Iran.

The reports were based on anonymous sources and emerged around the time a ceasefire in the US-Israeli conflict with Iran collapsed.

The New York Times had asked Judge Subramanian to dismiss the subpoenas, arguing that they were improperly issued and violated constitutional protections for a free press under the First Amendment of the US Constitution.

In court filings, the newspaper alleged that the subpoenas were intended to intimidate and harass journalists. It also accused prosecutors of failing to follow internal Justice Department rules governing the use of subpoenas against members of the media, which require such measures to be used only in exceptional circumstances and with senior-level approval.

A Justice Department spokesperson said the investigation was continuing and that the government would prosecute individuals responsible for leaking classified information that threatened national security.

Buckley denied that the subpoenas were improperly issued but acknowledged that the Department of Justice had failed to notify reporters that their phone records had separately been obtained through subpoenas, as required under applicable rules.

Following the hearing, however, The New York Times said the government had effectively acknowledged that the subpoenas violated legal requirements and “should never have been issued”.

In a court filing earlier in the week, prosecutors argued that the First Amendment does not provide journalists with absolute protection from being required to disclose information during criminal investigations.

Growing Battle Over Press Freedom

Both Republican and Democratic administrations have previously sought to compel journalists to reveal confidential sources during leak investigations. However, press freedom organisations have accused the Trump administration of using subpoenas and search warrants against media organisations too aggressively, including actions involving The Washington Post and The Wall Street Journal.

Critics have also alleged that Trump has used government authority and private lawsuits to pressure and intimidate news organisations.

The administration has rejected those accusations, saying its actions are aimed at prosecuting individuals who leak classified information rather than targeting journalists. Trump’s private legal team has separately argued that it is seeking accountability for what it describes as inaccurate media coverage.

 

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