The Justice Department entered a Manhattan courtroom on Thursday armed with grand jury subpoenas targeting New York Times reporters and left without them after a bruising hearing.
The subpoenas were directed at journalists Julian Barnes, Eric Lipton, Tyler Pager, Eric Schmitt, and Adam Goldman over their reporting on a Qatari-donated Boeing 747 that President Trump has sought to use as Air Force One.
Federal agents managed to serve three of the five reporters but were unable to serve Pager or Goldman before the matter collapsed in court.
The underlying reporting at the centre of the investigation concerned Trump flying home from Turkey on the existing Air Force One due to security concerns about the gifted aircraft.
Specifically, the reporting indicated that the donated plane lacked the antimissile capabilities found on the existing presidential aircraft, raising questions about its suitability for official use.
The subpoenas originated from Jay Clayton, the U.S. Attorney in Manhattan, who has also been nominated to serve as the new director of national intelligence.
Judge Arun Subramanian was sharply critical of the government’s handling of the matter during the hearing, threatening attorneys with sanctions and blocking the presentation of certain investigative materials.
After the hearing concluded, the DOJ issued a combative public statement directly attacking the judge rather than acknowledging the setbacks it had suffered in open court.
“This judge’s conduct overrides clear longstanding principles and common sense — blocking the grand jury from receiving core evidence in a national security investigation,” the department said in its statement.
The DOJ further accused Subramanian of threatening its attorneys with sanctions unless the subpoenas were withdrawn and said he had blocked the government “from presenting the meticulous process of this investigation.”
The department also issued a warning that its legal efforts would continue, stating: “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 move to subpoena journalists had been telegraphed in advance, with Todd Blanche previously warning publicly that any witness with knowledge of a leak would be compelled to testify.
The judge’s criticism of cumulative government missteps, suggesting that “these things are starting to pile up,” reflects growing tension between the DOJ and the federal judiciary over the administration’s conduct in sensitive national security cases.