Story perspectives

DOJ Pushes NYT Subpoenas, Judge Pauses Enforcement

7/23/2026

Summary

Story summary

The Department of Justice (DOJ) asked Judge Arun Subramanian to enforce subpoenas signed by U.S. Attorney Jay Clayton on July 10 demanding NYT testimony and phone records through Jan. 1.
Judge Subramanian paused enforcement for a Thursday 2 p.m. ET hearing.
NYT attorneys say subpoenas breach First Amendment, violate DOJ policy, intend intimidation.
Deputy U.S. Attorney Sean Buckley cites security risk.
DOJ says subpoenas are lawful and not protected by the First Amendment.

History

Historical Context

In 1971 the Nixon administration, via Attorney General John Mitchell, tried to block the New York Times from publishing the Pentagon Papers, a 7,000-page classified Vietnam War study. The Supreme Court rejected the injunction in a 6-3 ruling, applying the Near v. Minnesota principle that prior restraints are unconstitutional. That precedent now guides the DOJ subpoena to the Times, limiting overbroad national-security demands.

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Story summary

The Department of Justice (DOJ) asked Judge Arun Subramanian to enforce subpoenas signed by U.S. Attorney Jay Clayton on July 10 demanding NYT testimony and phone records through Jan. 1.
Judge Subramanian paused enforcement for a Thursday 2 p.m. ET hearing.
NYT attorneys say subpoenas breach First Amendment, violate DOJ policy, intend intimidation.
Deputy U.S. Attorney Sean Buckley cites security risk.
DOJ says subpoenas are lawful and not protected by the First Amendment.

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