Overview
- Federal prosecutors sought reporters’ records after The New York Times revealed the administration paused use of a Qatari‑donated 747 over security failures.
- A federal judge sharply questioned the Justice Department about whether Acting Attorney General Todd Blanche made the required finding to withhold notice under 28 C.F.R. §50.10, and the prosecutor declined to say.
- The government asked the court to pause enforcement of the subpoenas while it pursued more investigative steps, but the judge told prosecutors to withdraw the subpoenas or face a quash order and they withdrew them.
- The Times argued the subpoenas were issued in bad faith and that the DOJ had not met the Second Circuit’s Gonzales test showing the material was unobtainable from other sources, a point the judge faulted the government on.
- The withdrawal averts immediate enforcement but leaves open further court scrutiny, potential litigation or disclosure demands, and wider questions about how the DOJ balances leak enforcement with reporter protections in 2026.