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Government withdraws subpoenas of 3 reporters for The New York Times after admitting legal errors

The withdrawals in U.S. District Court followed a remarkable back and forth between a visibly irritated Judge Arun Subramanian and government attorneys.
DOJ drops subpoenas against NYT reporters
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Criticized by a federal judge for sloppy legal work, the government on Thursday withdrew subpoenas that would have compelled three New York Times reporters to testify about their sources for articles about President Donald Trump’s Qatari-gifted Air Force One jet.

The withdrawals in U.S. District Court followed a remarkable back and forth between a visibly irritated Judge Arun Subramanian and government attorneys. They come at a time when the Trump administration is vigorously going after news organizations whose reporting and coverage it doesn’t like — and also trying to crack down on leaks inside the government.

RELATED STORY | Federal grand jury subpoenas NYT reporters over Air Force One coverage

Subramanian said he otherwise would have granted the newspaper’s request to reject the subpoenas because laws and regulations pertaining to subpoenas served on journalists maintain that they should be issued as a last resort in an investigation.

“Subpoenas are the last step, not the first step, but the last step,” the judge said, citing rules set to protect against violations of the First Amendment. He said the government’s actions had turned the law and the regulations “on its head.”

This is a developing story and will be updated.