New York Times Challenges FBI Subpoenas Over Air Force One Reporting

The New York Times will argue before U.S. District Court Judge Arun Subramanian on Thursday that recent FBI subpoenas targeting its reporters and their families constitute an unlawful First Amendment violation. The subpoenas, issued on the night of Friday, July 10, compelled testimony from five reporters and sought phone records for the reporters, the spouses of two, and the mother of one. The Times’ legal team, led by David A. O’Neil of Debevoise & Plimpton, is asking the court to invalidate the subpoenas.

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The subpoenas followed a July report by the Times alleging security concerns with a newly delivered Boeing 747-style Air Force One gifted by Qatar. The story sparked criticism from President Donald Trump, who later downplayed the concerns and suggested the aircraft might be retired from service. The reporting revived a broader dispute between the Trump administration and the press, including a prior $15 billion lawsuit Trump filed against the Times and other actions targeting media outlets.

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U.S. The Times counters that FBI Director Kash Patel personally oversaw the subpoening, suggesting the action was driven by presidential preferences rather than a legitimate national-security investigation. A DOJ memo dated July 17 acknowledged that additional case law identified after the subpoenas prompted the government to alert counsel, but did not explain why the precedents were not considered earlier.

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• “When something like this happens, it's very frightening,” — Katherine Marsh, the wife of Times reporter Julian E

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• “If one were to look at my phone records, I do a lot of eldercare... [for] my parents,” — Katherine Marsh, the wife of Times reporter Julian E

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• “That's why it was very creepy for this to happen,” — Katherine Marsh, the wife of Times reporter Julian E

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• “I have scenes of government agents showing up at the door, of press freedom getting suppressed, and family members getting tainted by association,” — Katherine Marsh, the wife of Times reporter Julian E

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The hearing on Thursday will determine whether the subpoenas are quashed. If the court rules in favor of the Times, the government may need to revisit its approach to obtaining reporter information in national-security investigations. If the subpoenas are upheld, the case could set a precedent for future interactions between law-enforcement agencies and the press.

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