Subpoenas Issued to Three Journalists in National Security Leak Case

Three journalists received subpoenas to appear before a federal grand jury in Manhattan two days after a news outlet published a story about an Air Force One flight that lacked anti-missile capabilities. The Justice Department stated that the subpoenas seek the identity of the person who provided classified national-security information.

Acting Attorney General Todd Blanche said at a confirmation hearing that the reporters are material witnesses, not targets. The news outlet filed a sealed motion to quash the subpoenas, arguing they were issued in bad faith to punish its coverage. A senior FBI official had asked the outlet to withhold the story on national-security grounds before publication.

Earlier this month, the same outlet reported that the president switched aircraft for part of the return flight from a NATO summit in Turkey. The president had said he was taking a final flight on the previous aircraft for personal reasons. The Justice Department has issued subpoenas to reporters in other national-security cases in recent months.

Some of those subpoenas were withdrawn after the news organizations challenged them.

Department regulations require that reporters be subpoenaed only when the information sought is essential and cannot be obtained elsewhere. Court rulings have held that journalists have no automatic exemption from appearing before a grand jury. Media lawyers have expressed concern that repeated use of subpoenas could affect reporting on government operations.

The Reporters Committee for Freedom of the Press noted that such subpoenas have been rare since 2000.