The Justice Department has subpoenaed four New York Times journalists who reported on security concerns surrounding President Donald Trump’s new Qatari-gifted Air Force One, escalating a leak investigation that has drawn condemnation from press freedom advocates and set up a legal fight over the boundaries of government power to compel reporters to identify their sources. The order, delivered in part by federal agents to reporters’ homes, lands amid reports that Trump has been privately furious over coverage revealing the $400 million jet was not equipped to fly him directly home from a NATO summit in Turkey.
Subpoenas Delivered to Reporters’ Homes
Journalists Julian E. Barnes, Eric Lipton, Tyler Pager and Eric Schmitt have been ordered to testify Wednesday before a federal grand jury in Manhattan, according to The Times, which first reported the subpoenas early Saturday. Federal agents delivered some of the orders directly to the reporters’ homes, a tactic The Times described as highly unusual. The subpoenas offer little detail about the underlying probe, asking the journalists to testify “in regard to an alleged violation of criminal law,” according to the outlet’s reporting. They were issued by Jay Clayton, the U.S. attorney for the Southern District of New York, whom Trump nominated last month to serve as the next director of national intelligence.
An FBI Investigation Preceded the Legal Action
The subpoenas followed a Friday meeting at the White House between FBI Director Kash Patel and administration officials to discuss the bureau’s investigation into who disclosed security concerns about the new aircraft, according to sources familiar with the matter who spoke to CNN. Patel was seen leaving the White House campus around 6:44 p.m. ET following the meeting. He also spoke by phone with Trump about the investigation that same day, one source said. The apparent goal of the subpoenas is to identify who leaked information to The Times ahead of its report this week that Trump left the NATO summit in Turkey aboard the older Air Force One rather than the new plane, reportedly over Secret Service security concerns.
Trump’s Anger Over the Qatari Jet
Sources told CNN that Trump has been fuming over reporting on the security issues tied to the jet, a $400 million gift from Qatar, and grew embarrassed and angry in recent days as it became public that the aircraft was not equipped to be flown directly from Turkey back to the United States. The episode marks the latest instance of Trump pushing for federal investigations into leaks to news organizations. Earlier this year, The Washington Post and The Wall Street Journal separately fought in secret to block the government from subpoenaing their reporters in connection with national security leak probes. The Times is now confronting a similar situation.
The Times Vows to Fight
David McCraw, the Times’ top newsroom attorney, condemned the subpoenas in a statement issued Saturday morning, saying the sight of federal agents at reporters’ homes should “shock the conscience of any American who believes in the Constitution and the press freedom it protects.” McCraw characterized the action as an attempt to keep the public in the dark by intimidating journalists out of doing their jobs. The Times has said it intends to fight the court order, framing the subpoenas as a direct threat to the news media’s ability to gather information in the public interest.
Justice Department Responds
A Justice Department spokesperson told CNN in a statement Saturday that the Times reporters themselves are not the focus of the investigation, saying “reporters are not the targets, those leaking classified information are.” The spokesperson added that addressing leaks of national security information has been standard practice across administrations. Separately, The Times reported that a senior FBI official had contacted the outlet before publication to ask that the story be held over a national security concern, though the official declined to specify what that concern was.
How the Air Force One Story Unfolded
Concerns about the new plane came to dominate discussion in Washington earlier in the week after Trump abruptly announced he was sending the aircraft ahead to RAF Mildenhall in England just before departing Turkey. Trump said on social media the switch was meant to give service members stationed at the base a chance to see the plane, writing that “everybody is so excited, and we thought that they should be the first.” CNN reported Thursday, however, that security personnel felt more comfortable with Trump flying aboard the older Air Force One — built from the ground up with presidential safety in mind — rather than the newly retrofitted jet donated by Qatar. Trump ultimately switched planes at a secure U.S. airbase in the United Kingdom.
Trump Downplays Security Concerns
Trump has pushed back on the notion that security drove the decision to switch aircraft, telling reporters, “there wasn’t a security concern, except we sent it a little early, same line going back.” Sources have told CNN and other outlets that security was in fact a factor. When asked why reporters aboard the flight out of Ankara were instructed to lower their window shades during ascent, Trump acknowledged that concerns related to Iran could plausibly explain the directive, saying “these are sick people, so I could see something like that,” while adding that he had not been aware of the instruction given to press members.
Press Freedom Advocates Sound the Alarm
Journalism advocacy organizations quickly characterized the subpoenas as an assault on the public’s right to information about government operations. Stephen J. Adler, chairman of the Reporters Committee for Freedom of the Press, said press freedom ultimately exists to protect the public’s ability to understand how the country is run and to make informed decisions based on independent reporting. He warned that when that right is undermined, as he said the administration is attempting with the subpoenas, the harm extends to the broader foundation of the nation. Seth Stern, chief of advocacy at the Freedom of the Press Foundation, said the Air Force One reporting demonstrates “exactly why we need to protect journalists and whistleblowers — without them, we’d never know about this kind of waste and incompetence.” Stern also argued that when the government cites national security to justify investigating journalists, it is often really protecting its own reputation, calling the current case a clear example.
What Comes Next
The Times has signaled it will contest the subpoenas in court, setting up a legal battle over grand jury demands for reporter testimony just weeks after similar fights involving The Washington Post and The Wall Street Journal. CNN has reached out to the White House and the U.S. attorney’s office in Manhattan for comment. The four subpoenaed journalists are scheduled to appear before the Manhattan grand jury on Wednesday, a date that will test how far the administration is willing to go in pursuit of the source behind the Air Force One security disclosures — and how far the courts will let it.