The U.S. Department of Justice will ask a Manhattan federal judge on Thursday to uphold subpoenas issued to New York Times journalists. The subpoenas, issued by U.S. Attorney Jay Clayton on July 10, seek information regarding reporters' sources for a story about security concerns involving a Qatari-donated aircraft used as Air Force One. The underlying reporting indicated the plane lacked certain defensive systems, citing anonymous sources.
The New York Times has asked U.S. District Judge Arun Subramanian to quash the subpoenas, arguing they violate First Amendment protections and internal Justice Department policies regarding investigations into the media. Lawyers for the news organization stated the move is intended to harass and intimidate journalists.
Federal prosecutors argued in a Tuesday court filing that the subpoenas were issued properly because the reporting involved the leak of classified national defense information. The government stated that the First Amendment does not shield reporters from providing essential information to criminal investigations, particularly when the details concern the president's security during active hostilities with foreign adversaries.
Judge Subramanian paused enforcement of the subpoenas earlier this month. Thursday's hearing is scheduled for 2 p.m. ET to determine whether the journalists must comply with the government's request for testimony.