Brian Zak/Sipa Press (via AP)
A federal judge ordered the Department of Justice (DOJ) to turn over internal communications about its attempt to keep secret subpoenas targeting New York Times journalists, escalating scrutiny of prosecutors after they admitted errors in court filings and abandoned the effort.
In an order issued Thursday, U.S. District Judge Arun Subramanian directed the government to provide the court, by Monday, with internal communications created on or before July 16 relating to three key issues: the decision to seek a non-disclosure order, whether prosecutors should have disclosed that the subpoenaed records belonged to reporters, and discussions over whether and when journalists should be notified that third-party subpoenas had been issued.
The move followed a contentious hearing in Manhattan federal court, where Subramanian repeatedly questioned the accuracy of statements made by the DOJ in its July 14 application for the non-disclosure order.
During the hearing, government lawyers acknowledged the filing contained what they described as “inadvertent” errors and apologized for an “oversight.”
The DOJ ultimately withdrew the challenged subpoenas, which had sought phone records and grand jury testimony from New York Times reporters investigating security concerns surrounding President Donald Trump’s Qatari-gifted Air Force One aircraft.
Subramanian’s written order formally declared the subpoenas “null and void” and dismissed pending motions to quash. But the judge also imposed additional requirements on the government, ordering prosecutors to seek court approval before issuing any renewed subpoenas in the investigation and retaining jurisdiction over related matters while further briefing proceeds.
The demand for internal communications marks a new development in the dispute after Subramanian openly questioned prosecutors’ handling of the case during Thursday’s hearing.
According to courtroom reports, the judge challenged the government’s explanation for inaccuracies in its filings and expressed concern over mistakes that included subpoenas reaching reporters’ family members.
The non-disclosure application at the center of the judge’s order was submitted on July 14. In a subsequent filing, the government acknowledged it had failed to note ongoing discussions with lawyers representing the journalists and had “inadvertently included language” stating the investigation was “not public” even though its existence had already been publicly reported.
The DOJ must now submit the requested communications to the court on an ex parte basis by July 27.
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