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DOJ sought phone records of NYT journalists in effort to unmask sources of Air Force One security report

PBS NewsHour (AP) · back to the audit
WASHINGTON (AP) -- President Donald Trump's administration sought phone records of several New York Times journalists and even those of some of their relatives, according to a motion unsealed Monday -- an unusually aggressive attempt to unmask the confidential sources of reporters who wrote about Trump's Qatari-gifted Air Force One jet.

The push by the Republican president's administration to compel the identity of sources in the form of additional subpoenas comes at a time when the executive branch's relationship with the press is increasingly contentious. The efforts, described in a letter-motion filed by the Times over the weekend, were more expansive than previously known, the newspaper noted, and also covered a time frame that exceeded the news articles in question.

"Two of the subpoenas seek records beginning on January 1, 2026, long before the events that are purportedly the basis for the Department's investigation," lawyers for the Times wrote in the letter. "That timeframe strongly suggests that the Department is using this investigation not to focus on any purported concerns arising from the July 8 and 9 articles, but instead to forage for information about the Journalists' source relationships more broadly."

The phone records subpoenas are on top of grand jury subpoenas served July 10 on three journalists that sought to compel testimony from the reporters about the identity of their sources. The Times has separately challenged those grand jury subpoenas and U.S. District Judge Arun Subramanian is scheduled to hear arguments Thursday. The judge has also frozen enforcement of the phone records subpoenas pending a ruling on the newspaper's motion to quash those.

In arguing for the phone records subpoenas to be spiked, the Times said the government had acted in "bad faith" and had ignored its own protocols by not giving the journalists advance notice that records were being sought and by demanding the information "without first conducting any serious investigation."

The newspaper's lawyers said the additional subpoenas call "into question the accuracy" of testimony given last week by Jay Clayton, the U.S. attorney in Manhattan, where the grand jury subpoenas were issued. At his confirmation hearing to be the Trump administration's director of national intelligence, Clayton said that "we followed the protocols" and that the government had taken "the least intrusive possible" steps possible.

The Justice Department has justified the grand jury subpoenas by saying that "reporters are not the targets, those leaking classified information are."

The additional subpoenas included a request for phone records of one reporter's mother and two of the journalists' spouses. The motion noted that the mother in question is a mental health professional with confidential client relationships and that one of the two spouses is the general counsel of a law firm.

In a response posted Tuesday morning, the Justice Department said that it had complied with its own regulations in issuing the subpoenas and that it had taken investigative steps before seeking them. The department said it was authorized to delay disclosure of the subpoenas but had decided to alert lawyers for the journalists to give them an opportunity to challenge.

"Any subpoenas served for a phone number not used by one of the movants was a result of information in a law enforcement database indicating that the phone number was associated with the movant," lawyers for the department said, "If the Government determines that these phone numbers were not used by the movants, the Government will not pursue the corresponding subpoena(s)."