The New York Times on July 15 asked a court to toss out grand jury subpoenas targeting three of its reporters who wrote about the Qatar-gifted Air Force One allegedly lacking defensive features, escalating a press-freedom fight that now sits alongside a new DOJ-War Department leak-prosecution task force.
The move is the latest development in a standoff that began after the Times published a story earlier in July alleging the new plane lacked some defensive features of the older Air Force One aircraft — a claim the White House denied. Manhattan U.S. Attorney Jay Clayton issued the grand jury subpoenas to identify the reporters' sources.
Acting Attorney General Todd Blanche, appearing at his Senate confirmation hearing on Wednesday (July 15), said Justice Department rules required him to authorize the subpoenas and that they were aimed at leakers, not journalists.
"We're not targeting reporters," Blanche told Sen. Peter Welch (D-Vt.), later adding, "The question we want to ask them is who provided them with classified national security information."
David McCraw, senior vice president and deputy general counsel of The New York Times, called the subpoenas "brought in bad faith to punish The Times for its coverage." Motions to quash are usually sealed; McCraw has asked the court to make his filing public, arguing people have a right to know about the case.
Clayton, who is seeking Senate confirmation as Director of National Intelligence — to replace Bill Pulte, filling in for Tulsi Gabbard — told Sen. Ron Wyden (D-Ore.) he did not want to publicly discuss details of the subpoenas or who requested them. He said he was "absolutely committed to" respect for the First Amendment and that his team "followed the processes that we're required to follow."
"The greatest danger isn't the subpoena itself. It's the message it sends. It tells sources to stay silent. It tells whistleblowers to think twice."
That last line comes from National Press Club president Mark Schoeff Jr., whose organization has asked the Justice Department to withdraw the subpoenas. "A free and independent press serves the people, not the government," Schoeff said in a statement.
Two days before the Times filed, War Secretary Pete Hegseth announced on July 13 that the War Department and DOJ had launched a joint task force to investigate and prosecute anyone leaking sensitive information to the media. "Access to confidential and secret information is a sacred trust," Hegseth said in a video posted on X. "And those who betray that trust will be met with the full force of the law."
Hegseth did not mention the Times case directly, speaking generally about threats leaks pose to national security and the military.
The court has not yet ruled on the Times' motion to quash.