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Punishing the Press, Critics and Institutions
Reporters' Family Records

Trump Backed Leak Hunt Sending FBI to Three Reporters' Homes and Seeking Their Families' Phone Records

Two days after The New York Times reported on the security of Trump's plane, his Justice Department sent FBI agents to three reporters' homes. Its demands for phone records swept in one reporter's mother and two reporters' spouses. Prosecutors admitted errors and withdrew under court scrutiny. The next day Trump defended the method. One reporter said former officials had already grown reluctant to talk to him.

§ 1

From Reporting on Trump's Plane to Reporters' Family Records

Pressure First, Safeguards Later

On the evening of July 10, 2026, FBI agents arrived at the homes of three New York Times reporters with grand jury subpoenas.123 Two days earlier, the newspaper had reported on the security of President Trump's aircraft.4 Prosecutors also demanded phone records for numbers that included one reporter's mother and two reporters' spouses.56 On July 23, in front of a federal judge, they admitted errors, conceded they could not then satisfy a requirement of the legal test they agreed applied, and withdrew the subpoenas.67

Trump publicly backed the method the next day. "And the way you find them is through the journalists," he said of leakers when asked about the withdrawn subpoenas.8 The charge is an abuse of investigative power: his Justice Department rushed to compel reporters before it could justify the demands in court, and the President defended the method once the errors were exposed.68 The damage was already concrete. Eric Lipton, one of the three, told the court that former officials had become reluctant to talk to him even about subjects that were neither sensitive nor confidential.3

Two Articles, Then Agents at Three Homes

On July 8, 2026, the Times reported that Trump had left Turkey on the old Air Force One at the Secret Service's urging, a switch it described as a precaution rather than a response to a specific threat.4 On July 9 it reported, citing officials briefed on the retrofitting, that the Qatari-donated jet lacked defensive countermeasures the older plane carried, including advanced antimissile capabilities.9

Trump publicly denied that security concerns caused the switch and said the new jet was being sent to military bases to show it to troops, the July 8 Times article reported.4

The agents came the next evening, a Friday, two to each home: Julian Barnes's, Eric Schmitt's and Eric Lipton's.123 Schmitt, a Times reporter for 40 years, said the agent who handed him the subpoena in his driveway wore an armored vest marked FBI and carried a holstered sidearm.2 Each reporter said this was his first contact with the FBI or Justice Department about the articles after publication.123

The subpoenas required testimony on July 15, and prosecutors asked for information about the journalists' confidential sources, the Times' lawyers said.10 Prosecutors tried and failed to serve the other two reporters on the bylines, Tyler Pager and Adam Goldman, according to the lawyers.5 On July 16, Judge Arun Subramanian paused the grand jury appearances pending a July 23 hearing.11

Months of Records Sought, Including a Mother's Phone Number

The demands went past the reporters' own testimony: the government said it issued phone-provider subpoenas on July 10, then two more on July 14 and 16 after providers said they did not host the numbers first submitted.12 Prosecutors sought subscriber information and toll records, the Times' lawyers said after learning of the demands on July 17; two subpoenas reached back to January 1, 2026, months before the articles; and three numbers belonged to one reporter's mother and two reporters' spouses.5 The mother was a mental health professional with confidential client relationships, and one spouse was a law firm's general counsel, the lawyers said.5

According to the government, the relatives' numbers were a mistake: prosecutors relied on a database that wrongly associated them with a reporter.126 Sean Buckley, the prosecutor who told the court he had overseen the investigation from its beginning, admitted the mistake and explained: "It was a consequence of trying to move quickly."6 The government said in its July 20 letter that it had notified the journalists before receiving any returns and had instructed providers to hold them.12

§ 2

The Admissions That Ended the Subpoenas

A Last-Resort Tool Used Before the Work Was Finished

Pamela Bondi loosened the Justice Department's news-media rule, effective May 2, 2025, because, she said, the restrictions adopted in 2022 had hindered efforts to subpoena journalists over protected information.13 Even her version treats nonconsensual demands for journalists' information as extraordinary measures, requires Attorney General authorization for covered subpoenas, and says the government should make all reasonable attempts to obtain the information from alternative sources first.13

Buckley told the court on July 23 that the Acting Attorney General had approved the subpoenas, and CNN reported that Todd Blanche confirmed his authorization at his Senate confirmation hearing.614 In its July 20 letter, the government had asked for a two-week pause to pursue additional leads.12

Subramanian asked whether those unfinished steps meant the government could not then satisfy the part of the New York Times Co. v. Gonzales test that asks whether the information was unavailable from other sources. Buckley agreed as to that factor.6 He said the additional steps had not been identified when the subpoenas issued.6 The judge asked why the subpoenas had come before that work when they were supposed to be the last step. Then he offered a choice: withdrawal, or an order quashing them.6

The Sworn Request That Left Out the Reporters

To keep one demand secret, prosecutors gave a judge a sworn statement that was wrong.6 The July 16 subpoena to Google came with a nondisclosure order, signed two days earlier by Magistrate Judge Figueredo, that barred disclosure to the account subscriber or anyone else for one year, except to obtain legal advice.1512 By then the government had publicly acknowledged the investigation, on July 11, and prosecutors were already talking to the Times' lawyers.6

Assistant U.S. Attorney Kevin Sullivan's sworn application nevertheless described the investigation as not public.6 Under questioning, he admitted that the description was incorrect and that the application did not tell the magistrate judge the investigation concerned reporters or the Times.6 He agreed it should have disclosed that the reporters had already received subpoenas for their testimony.6

Sullivan agreed that the order was unjustified as to the account user and should have distinguished that user from the broader public.6 Subramanian said that in a civil proceeding he would normally ask why sanctions should not follow incorrect statements and omissions made under penalty of perjury. He imposed none at the hearing.6

The Protection for Phone Records They Overlooked

The DOJ rule also requires reasonable and timely notice to the reporter.13 Notice is due before use of the subpoena, not merely before records arrive.13 The Attorney General can withhold it only for compelling reasons: a substantial threat to the investigation's integrity, grave national-security harm, or imminent death or serious bodily harm.13

Buckley knew the regulation. What he had overlooked was that Gonzales also protected reporters' records held by phone providers.6 He declined to say publicly whether the Attorney General had made the finding needed to withhold notice.6 He acknowledged that prosecutors should, in hindsight, have given advance notice, and said they provided notice once they recognized the issue.6 The Times' lawyers learned of the phone demands on July 17, a week after the first ones issued.125

Withdrawn, With Court Oversight of Any Return

After a recess on July 23, 2026, Buckley withdrew the challenged subpoenas.6 Subramanian's order declared both the journalists' subpoenas and the third-party subpoenas null and void, dismissed the motions to quash as moot, and recorded that prosecutors would come to the court before issuing renewed subpoenas.7 By the parties' consent, the court retained jurisdiction over related matters and ordered prosecutors to furnish internal communications about the nondisclosure application, whether it should identify the record owners as reporters, and whether and when to notify them.7 On July 24, the court vacated Google's nondisclosure order; Google said that day it had produced nothing in response to the subpoena.1615

The reporters won relief, not a ruling: no court held the subpoenas unlawful or retaliatory, and what the government conceded was one test factor as of the hearing, not the violation of law that the Times' lawyers said it had conceded.7176 DOJ criticized the judge after the withdrawal.1718

§ 3

The Cost Was Already Being Paid

Sources Grew Reluctant to Speak

The harm did not wait for the hearing.3 "The Subpoenas have already had a significant chilling effect," Lipton wrote in a declaration dated July 15 and filed July 20.3 Since news of the subpoenas became public, he said, former government officials had become reluctant to engage with him because they feared the administration could target them even for discussing topics that were neither sensitive nor confidential.3

The government's stated aim was to identify people leaking classified or national-defense information, not to prosecute reporters.126 Its attempt to compel testimony ended in withdrawal.67 The reviewed sources do not establish whether the broader investigation identified a leaker. DOJ said on July 23 that the investigation remained ongoing; the Press Freedom Tracker records that these subpoenas were dropped.171819 The cost Lipton described was already real, and it falls on the public's ability to learn about its government.3

The Same Pressure Had Already Reached Other Newsrooms

This was not the only time: CBS News reported on May 12 that the Wall Street Journal had received subpoenas on March 4 for reporters' records over a February 23 article about Pentagon warnings against an extended Iran campaign.20 The Press Freedom Tracker identifies three Journal reporters and records Blanche's public defense of the demands on May 12.21 On June 23, CNN reported, citing officials familiar with the matter, that Trump personally pushed Blanche to issue subpoenas in the Journal and Washington Post leak investigations. It also reported that DOJ had withdrawn those demands and that no journalist had been compelled to testify.22

In an August 14 application to unseal litigation over a subpoena to freelancer Matthew Cole, which concerned a separate Navy mission in North Korea, the Times and the Reporters Committee for Freedom of the Press counted at least four recent batches seeking reporters' sources. They counted three national-security leak cases involving such testimonial subpoenas from 2001 to the start of this administration.23 And on July 13, three days after agents served the Times reporters, Hegseth announced a joint Pentagon-DOJ leak task force, Fox News reported.24

§ 4

National Security Does Not Excuse the Shortcuts

The Government's Strongest Defense

The defense is substantial. Disclosures about the President's aircraft during hostilities could endanger him, and federal law criminalizes willful disclosure of national-defense information under specified conditions.1225 Later reporting made the security case stronger.26 In July, the White House had said the new jet was safe, and the July 9 Times article reported that officials did not believe Iran had a current plan to kill Trump during that period.49 On August 11, the Times reported, citing two senior U.S. officials, that an Iranian threat prompted a secret switch to a third aircraft, while reporters remained aboard the older plane.26

At the hearing, Subramanian noted earlier reporting on the new aircraft's defensive capabilities, including a July 2 Associated Press article.6 Asked what distinguished the July 8 and 9 Times stories, Buckley said they cited current government sources confirming the information.6

Reporters have no blanket First Amendment exemption from relevant questioning in a valid grand jury investigation, and subpoenas issued through normal channels are presumed reasonable.2728 In Gonzales, the Second Circuit ruled for the government because any common-law reporter's privilege had been overcome, without deciding whether that privilege existed.29

Buckley denied bad faith. He said the subpoenas were properly issued under the rule's leak-investigation provision, with Attorney General approval, and stressed that the instruction to try other sources was advisory.6 That provision also calls for the relevant agency head to certify the significance of the harm and proper classification, and reaffirm support for investigation and prosecution; Buckley did not say publicly whether that certification had been made.136 The rule creates no privately enforceable right.13 The government said it had complied with the rule, that its errors were inadvertent, and that it had taken investigative steps before issuing the subpoenas. It also said it would consider immunity for the journalists.612

That defense did not save these subpoenas. Prosecutors conceded they could not then show the information was unavailable from other sources, acknowledged the relatives' numbers and the defects in the secrecy application, and withdrew.67 The court proved an effective safeguard.117 But withdrawal did not erase the effect on reporting that Lipton had already described.3

Old Powers Still Carry Public Responsibilities

Trump's own defense was legality and precedent.8 Asked about subpoenas to journalists' family members on July 24, he said, "I don't know what's appropriate, what's not. We do it legally."8 He also said Obama had done the same thing.8 The tool is old. The Church Committee documented at least six journalists subjected to warrantless wiretaps or bugs since 1960 in searches for classified-information leaks.30 A December 2024 DOJ inspector general report found that DOJ obtained non-content communications records for eight reporters in three leak investigations, with Barr authorizing the compulsory process in 2020; DOJ complied with some, but not all, provisions of its media policy.31

In Trump v. United States (2024), a case concerning alleged efforts to overturn the 2020 election, the Supreme Court held Trump absolutely immune from prosecution for the alleged conduct involving his discussions with DOJ officials. It also barred inquiry into presidential motive when distinguishing official from unofficial acts for criminal immunity.32 Congress has a separate impeachment power: Article II permits removal for high crimes and misdemeanors, and Hamilton described impeachable offenses as abuses of public trust.3334 The House Judiciary Committee's 1974 impeachment article against Nixon included repeated misuse of investigative agencies and electronic surveillance for purposes unrelated to national security, law enforcement or another lawful function. Nixon resigned before a full House vote.3536

What Trump Chose to Defend

Trump's tie is what his officials did and what he then said. Authorization came from the Acting Attorney General, according to Buckley's statements at oral argument and CNN's report of Blanche's Senate testimony.614 On July 10, shortly before the subpoenas were delivered, FBI Director Kash Patel was called to the White House for meetings about the Times leak investigation, CNN reported.37 CNN also reported that Trump was angry and embarrassed that the security concerns had become public.37 That connects the White House to the investigation before service without establishing a personal order from Trump; ten senators asked Blanche on July 27 whether DOJ had received direction from Trump or the White House before issuing them.3738 Then Trump spoke for himself. Asked on July 24 about the withdrawn Times subpoenas, he backed going through journalists to find leakers and said "the journalists probably know they shouldn't write" such information.8

The charge is an abuse of investigative power. Trump's Justice Department rushed extraordinary demands for reporters' sources and phone records, swept in relatives' numbers, obtained a secrecy order with an incorrect and incomplete sworn application, and withdrew when required to justify its work.1367 Lipton described the resulting harm to reporting. Trump publicly defended the method after those failures were exposed.38 Those facts warrant congressional scrutiny of the President's public backing and his administration's use of power, including whether its purpose was retaliation.383334 Protecting national security is a public responsibility. Turning reporters into the shortcut around an unfinished investigation, with these admitted errors and documented consequences, is a failure of that responsibility.63

Full Source Index — Reporters' Family Records

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