DOJ withdraws subpoenas for New York Times reporters over Air Force One story

The Justice Department told a judge Thursday it will withdraw its subpoenas for grand jury testimony and phone records from New York Times reporters over an article on security systems in the new Air Force One jet. The judge later said it had happened.

During a heated court hearing, U.S. District Judge Arun Subramanian grilled federal prosecutors working for the Justice Department on why it had issued subpoenas before taking further investigative steps, and questioned whether he should issue sanctions over alleged perjury in an application to a judge to secure the subpoenas. Government attorneys acknowledged that they made mistakes when they sought the subpoenas.

In a brief order following the hearing, Subramanian reiterated that the "government has voluntarily withdrawn the challenged subpoenas," which are now "null and void."

A Justice Department spokesperson later told CBS News that Subramanian "threatened our attorneys with sanctions unless subpoenas were withdrawn, and blocked us from presenting the meticulous process of this investigation," arguing his conduct "overrides clear longstanding principles and common sense."

"Make no mistake, this investigation remains ongoing, and we will pursue justice against those threatening national security by leaking classified information, a serious federal crime," the spokesperson said.

New York Times deputy general counsel and senior vice president David McCraw said: "Today's proceeding was an important affirmation of our country's commitment to a free press. We are pleased that the government finally conceded that the subpoenas violated the law, but they should never have been issued in the first place. The Times and our journalists will continue to report and seek the truth without fear or favor. We will not be deterred in the face of tactics like these."

The New York Times said earlier this month that several of its reporters received grand jury subpoenas soon after it published reporting on President Trump's use of an old presidential aircraft to depart from the NATO summit in Turkey in early July and security limitations on a new plane donated by the Qatari government. The paper said the subpoenas were issued by Jay Clayton, the U.S. attorney in the Southern District of New York who was tapped by Mr. Trump for director of national intelligence.

The news outlet moved to block the subpoenas, calling them "abusive and improper." The newspaper said in a court filing Saturday that prosecutors attempted to gain access to phone records of Times journalists and their family members as part of a Justice Dep