Subpoenas issued to NY Times reporters seen as 'unprecedented' threat to press freedom
Dangerous. Brazen. Unprecedented. Uncharted territory.
Reaction in the media world has been swift and severe to the issue of subpoenas to five New York Times journalists who reported on security questions involving the new Qatari-gifted Air Force One — a legal maneuver seen as a troubling escalation of the Trump administration’s campaign to control and intimidate independent media outlets.
“The subpoenas are an extraordinary escalation in President Trump’s efforts to threaten and intimidate independent news organizations and have a chilling effect on the work of journalists across the country,” said Jodie Ginsberg, CEO of the Committee to Protect Journalists.
Media advocates and analysts expressed dismay at the tactic, even after months in which news organizations drawing President Donald Trump’s ire have been attacked both in courtrooms and in the court of public opinion; media access to corridors of power has been blocked; and a Washington journalist’s home has been searched by federal agents.
“They have used the levers of power to intimidate and demonize professional journalists who report stories that are unfavorable to the administration’s desired narrative,” said Frank Sesno, a former CNN White House bureau chief who is now a media and public affairs professor at George Washington University.
He called Friday’s subpoenas “dangerous and uncharted territory, but merely an extension of what we have seen from this administration and president.”
“Don’t like a poll? Sue the Des Moines Register," he said. "Don’t like the way an interview is edited? Sue ‘60 Minutes.’ Don’t like the coverage of the gifted Air Force One? Order the FBI to investigate and subpoena the journalists for what is, by the way, a story that is in the public interest.”
Some of the subpoenas were delivered to reporters at their homes, the Times said. Sought by Jay Clayton, the U.S. attorney in Manhattan, they seek to force the reporters to testify before a federal grand jury in Manhattan this week.
The new jet in question, a present from Qatar that Trump's administration spent $400 million to retrofit and upgrade, entered service last week. But the Republican president used an older model Air Force One jet to leave a NATO summit in Turkey.
The Times, citing anonymous sources, reported that the switch had come at the urging of the Secret Service and that the newer plane lacked some of the advanced security features of the older aircraft, including antimissile capabilities. On social media, Trump denied security concerns.
The subpoenas were issued after FBI Director Kash Patel and other Justice Department officials met at the White House on Friday to talk about the matter, according to a person familiar with the discussions who was not authorized to discuss the issue publicly and spoke on the condition of anonymity. The Times said the meeting lasted around eight hours.
The fact that the operation was conducted from the White House itself was particularly egregious to analysts like Sesno, who called the coordination “unprecedented.”
“This graphically illustrates the pressure and influence the White House and president have brought to bear on law enforcement that is supposed to be independent and driven by facts, not politics,” he said.
The National Press Club called on the Justice Department to immediately withdraw the subpoenas.
“Every American should understand what is at stake,” Mark Schoeff Jr., the club’s president, said in a statement. “When federal agents arrive at the homes of journalists with subpoenas, it is not ordinary law enforcement. It is an extraordinary assault on the freedom of the press that strikes at the heart of the First Amendment.”
Also expressing solidarity with the Times journalists was the White House Correspondents' Association — which, in less than two weeks, holds its rescheduled dinner, with Trump planning to attend the event that celebrates the First Amendment. The first dinner was scuttled when a shooter opened fire in what prosecutors say was an attempt to kill the president.
“The White House Correspondents’ Association stands with the New York Times reporters who were targeted for doing their jobs to uphold the public’s right to know how its government operates,” said a statement from the group’s president, Weijia Jiang. “The WHCA condemns any act of intimidation against journalists, including attempts to pressure them into revealing sources.”
Trump’s animosity toward news outlets whose agenda runs counter to his own isn't new. But in his second presidential term, he has launched an escalation, often harnessing the levers of the federal government or attempting to do so. These efforts have taken place both in actual courtrooms and in the court of public opinion.
The president has sued various news organizations whose coverage he dislikes. He has also threatened to revoke TV broadcast licenses. His Federal Communications Commission chairman is seeking to penalize shows like ABC’s “The View,” where some hosts speak out against Trump, by having the FCC explore revoking its exemption from equal-time rules.
The legal skirmishes include an escalating dispute between the media and Trump’s Defense Department over reporters’ access to the Pentagon. The Times has filed two lawsuits over a policy requiring journalists to be accompanied by escorts at the military complex.
The White House has also battled with The Associated Press over the news organization's refusal to follow Trump’s executive order renaming the Gulf of Mexico. And it has battled with The Wall Street Journal over reporting about Jeffrey Epstein and his ties to the president — including an article that described a sexually suggestive letter that the newspaper said bore Trump’s signature.
Last month, the Justice Department issued and then withdrew subpoenas that sought to compel reporters at The Washington Post and The Wall Street Journal to testify before a grand jury, according to people familiar with the matter.
The Post confirmed that one of its journalists received a subpoena from the Trump administration as part of a broader crackdown on media leaks that in January also included the extraordinary step of an FBI search of the home of another journalist at the newspaper and the seizure of her electronic devices. The media world was stunned by the search of the home of reporter Hannah Natanson, who was covering Trump’s transformation of the federal government.
The Times is now gearing up for battle against what its lawyer David McCraw has called “this brazen act.”
In an internal memo seen by the AP, the newspaper's executive editor, Joseph Kahn, criticized the subpoenas, praised his journalists' work and said: “We expect to prevail. We have the best legal team in the business. ... The law protects news gatherers from this sort of retaliatory abuse of prosecutorial power. It is essential that the courts reaffirm that protection and quash this overreach. We are confident they will in this case.”
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Jocelyn Noveck covers the intersection of media and entertainment for The Associated Press.
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