'Fight and You Win': Free Press Advocates Cheer as Trump DOJ Withdraws Subpoenas of NYT Reporters

The US Department of Justice on Thursday withdrew its subpoenas of New York Times reporters that were heavily criticized by free press advocates.

According to the Times, Deputy US Attorney Sean Buckley told US District Judge Arun Subramanian that "the government is prepared to unilaterally withdraw the subpoenas," which were issued earlier this month shortly after the paper published a story detailing security concerns about the luxury jet the Qatari government gave to President Donald Trump.

All Rise News reported that Buckley also told the court that the DOJ made a "mistake" when it issued subpoenas to phone companies for subscriber information and toll records for phone numbers used by one reporter’s mother and by two reporters’ spouses.

“That was an error,” Buckley said of the subpoenas related to reporters' family members. “It was a consequence of trying to move quickly.”

Eric Lipton, one of the Times journalists who had been subpoenaed, wrote in a social media post that he was "glad to hear" the government's decision to back down.

"Enormous thank you to the entire NYT legal team and outside counsel that has worked with such clarity and determination to challenge this," Lipton added, "from the moment we first heard FBI agents were starting to show up at our houses."

David McCraw, the top attorney representing the Times’ newsroom, called the DOJ's decision "an important affirmation of our country’s commitment to a free press."

"We are pleased that the government finally conceded that the subpoenas violated the law, but they should never have been issued in the first place," McCraw added. "The Times and our journalists will continue to report and seek the truth without fear or favor. We will not be deterred in the face of tactics like these."

The Reporters Committee for Freedom of the Press celebrated the DOJ's subpoena withdrawal, while crediting Subramanian for pointed questioning of government lawyers.

"Targeting reporters to appease the White House has reached a dead end once again in the federal courts," the group said. "Judge Subramanian saw DOJ’s effort clearly for what it was: a brazen and careless government overreach."

The Foundation for Individual Rights and Expression described the DOJ decision as a "welcome reversal," but warned that the dangers posed to the First Amendment by the Trump DOJ were not over.

"Withdrawing the subpoenas does not erase the chilling effect of issuing them in the first place, and the DOJ should not reissue them," the group said. "Journalists should not have to choose between protecting confidential sources and facing government threats. A free press depends on reporters being able to pursue the truth, and on sources being able to share information the public has a right to know."

John Schwartz, professor at the University of Texas at Austin School of Journalism and Media, said there was a practical lesson to be learned from how the Times handled the Trump administration's efforts to force its reporters into court.

"Fight and you win," wrote Schwartz. "Always punch the bullies in the nose."