Subpoenas against NYT reporters over Air Force One coverage to be dropped

A Justice Department prosecutor agreed at a July 23 court hearing to withdraw subpoenas the DOJ issued to New York Times reporters who covered security concerns about President Donald Trump flying on an Air Force One plane donated by the Qatari government.

Manhattan U.S. Attorney Jay Clayton, who is Trump's pick to be the next U.S. director of national intelligence, issued the subpoenas seeking testimony before a federal grand jury after the Times reported that Trump exited Turkey on an old Air Force One because the new, donated plane lacked antimissile and other defensive features. The Times asked a federal judge to throw out the subpoenas, arguing they were issued improperly and infringed on First Amendment press protections.

The subpoenas sparked condemnation from press freedom advocates such as the National Press Club, the International Press Institute and the Committee to Protect Journalists, which accused the Trump administration of attempting to intimidate reporters.

Federal prosecutor Sean Buckley said at the hearing at the Manhattan federal courthouse that the investigation is ongoing and the government could subpoena the reporters again.

David McCraw, an attorney for the Times, called the July 23 development "an important affirmation of our country's commitment to a free press" in a statement provided to USA TODAY. At the same time, he said the subpoenas "should never have been issued in the first place."

"The Times and our journalists will continue to report and seek the truth without fear or favor," he said. "We will not be deterred in the face of tactics like these."

Buckley announced the planned withdrawal after federal Judge Arun Subramanian questioned government lawyers for about an hour about potential concerns in the leak investigation.

A Justice Department spokesperson said in a statement shared with USA TODAY that the judge blocked the DOJ from "presenting the meticulous process of this investigation."

"This judge's conduct overrides clear longstanding principles and common sense -- blocking the grand jury from receiving core evidence in a national security investigation."

"Make no mistake, this investigation remains ongoing, and we will pursue justice against those threatening national security by leaking classified information, a serious federal crime," the spokesperson added.

The subpoenas were issued as the Trump administration has increasingly sought to investigate and penalize leaks.

In April 2025, then-Attorney General Pam Bondi revoked a policy created under former President Joe Biden that provided greater protection to journalists against government searches.

In January, the FBI searched a Washington Post reporter's home as part of an investigation into a government contractor accused of illegally retaining classified documents.

Then in May, the administration proposed implementing a government-wide nondisclosure agreement with potential civil and criminal penalties for violators. The proposal referenced several leak incidents, including leaks about the U.S. raid in January that captured Venezuelan leader Nicolas Maduro and the Department of Homeland Security's immigration enforcement operations.

The National Press Club celebrated the July 23 news that the DOJ plans to withdraw its subpoenas to the Times reporters.

"Every American should understand what is at stake when the government turns its investigative powers on journalists," National Press Club President Mark Schoeff Jr. said in a statement posted on social media. "It is not routine. It is an extraordinary intrusion that strikes at the heart of the First Amendment and your right to information about your government."