A secret legal fight halted DOJ subpoenas aimed at reporters. Insiders say presidential pressure accelerated the probe and unsettled newsroom protections.
The Washington Post and The Wall Street Journal have engaged in a secret legal battle to stop the U.S. government from issuing subpoenas to several journalists in connection with investigations into leaks related to national security.
The Department of Justice later withdrew the subpoenas for the time being, but this episode leaves a troubling impression of pressure from the Trump administration on the press.
Timeline of events and context
The Wall Street Journal disclosed last month’s investigation and said it was “vociferously opposed to this effort to suppress and intimidate substantive reporting.”
The Washington Post had remained silent about the case until Tuesday, when reports emerged that the Department of Justice had withdrawn the subpoenas earlier this month after they were challenged by editorial organizations, according to a DOJ official familiar with the matter.
Importantly, none of the journalists were required to testify about anonymous sources. The Post confirmed that the subpoena to journalist Ellen Nakashima was canceled, and a source familiar with the matter told CNN that the subpoena for The Wall Street Journal was also withdrawn several weeks ago. Editorial teams will remain wary of the likelihood of subpoenas being reissued in the future.
This legal tussle between the government and two leading outlets arose from leaks of government investigations. The investigations had drawn Trump’s anger over key and meticulously sourced materials about the risks of military action in Iran – materials that turned out to be prophetic.
Key statements and reactions
In particular, Trump focused his anger on articles that provided details of how he decided to start the war and what his aides told him during the deliberations.
– The Wall Street Journal
Officials familiar with the matter told CNN that Trump personally pressured Acting Attorney General Todd Blanch to issue subpoenas. The president handed over the message – with the word “Treason” written in a Sharpie – on a pile of printed articles that he delivered to Blanch.
“One official told CNN that the National Security Division at the Department of Justice was already preparing a review of sources in some materials, but Trump’s notebook accelerated that work.”
– CNN, citing officials
In response on Tuesday, Blanch told CNN that journalists are not their targets and that the Department of Justice “does not intend to stop investigating people who work in this administration and who see the need to leak classified information.”
“Journalists are not our targets.”
– Todd Blanche, CNN
“Will not stop investigating people who work in this administration and who see the need to leak classified information.”
– Todd Blanche, CNN
“Press freedom groups said that the treason claims are absurd.”
– press freedom groups
“In light of the publication of the news and the withdrawal of the subpoena, we reiterate our unwavering support for First Amendment rights, protection of journalists, and freedom of the press.”
– Matt Murray, editor of The Washington Post
“This institution stands for each one of you. The Washington Post’s DNA is to ask questions, investigate, expose, and inform. That is why we are here and continue to do it.”
– Matt Murray
This story has been updated with new materials.