Government attorneys withdrew subpoenas seeking testimony from three New York Times reporters about their sources for a story on an Air Force One jet gifted to President Donald Trump by Qatar.
During a court hearing Thursday, Judge Arun Subramanian criticized the government’s handling of the case.
“Subpoenas are not the first thing you do; they are the last thing you do,” Subramanian said.
“When you see something like this, if this were a civil proceeding, what I would normally do is ask the parties to show causes why sanctions should not be issued,” he added.
The Trump administration had sought to keep the proceedings secret while pressing the reporters to identify their sources.
Lawyers for The New York Times challenged the grand jury subpoenas, as well as subpoenas seeking phone records for several journalists and their relatives. The newspaper’s managing editor and general counsel attended Thursday’s hearing.
The government said it was pursuing people who leaked information to reporters for a story about Trump taking an older Air Force One jet back from a summit in Turkiye, rather than the aircraft gifted by Qatar.
According to reports cited in the case, the Secret Service advised that the newer jet, which the government spent $400 million to retrofit and upgrade, lacked key security features, including antimissile capabilities.
“Reporters are not the targets; those leaking classified information are,” the Department of Justice said of the subpoena requests.
Obtaining information from government sources is a central part of journalism, especially in national security reporting. Efforts by U.S. administrations of both parties to compel reporters to reveal sources have raised concerns about press freedom.