Justice Department Subpoenaed the Phone Records of New York Times Journalists' Spouses and Parents

The New York Times reported on July 20 that the Trump administration issued third-party subpoenas seeking phone and text records not only of its journalists but of their relatives, including spouses and parents. The subpoenas were part of an investigation into the source of reporting that the Qatari-gifted aircraft intended to replace Air Force One had been deemed unsafe to carry the president back from the NATO summit in Turkey, despite hundreds of millions of dollars in retrofitting. The Freedom of the Press Foundation, which publicized the reporting the same day, said the government sought records from months before the article it says it is investigating. Trump later told reporters the aircraft is now being "maxed out."

Justice Department guidelines describe compelling reporters' records as a step of last resort in leak investigations. Extending compulsory process to journalists' family members reaches people with no role in the reporting and raises the cost of confidential sourcing well beyond the newsroom. Advocacy groups have characterized the scope of the requests as evidence the inquiry is aimed at deterring coverage rather than at a discrete national-security harm.

The Freedom of the Press Foundation is separately suing the Justice Department for the legal memorandum said to have justified acceptance of the Qatari jet, after the department estimated it would need 620 days to answer a records request. The subpoenas have not been publicly withdrawn.