Dangerous. Brazen. Unprecedented. Uncharted territory.
Reaction in the media world has been swift and severe to the issue of subpoenas to five New York Times journalists who reported on security questions involving the new, 鈥� a legal maneuver seen as a troubling escalation of the Trump administration鈥檚 campaign to control and intimidate independent media outlets.
鈥淭he subpoenas are an extraordinary escalation in President Trump鈥檚 efforts to threaten and intimidate independent news organizations, and have a chilling effect on the work of journalists across the country,鈥� said Jodie Ginsberg of the Committee to Protect Journalists.
Media advocates and analysts expressed dismay at the tactic, even after months in which news organizations drawing President Donald Trump鈥檚 ire have been attacked both in courtrooms and in the court of public opinion; media access to corridors of power has been blocked; and a Washington journalist鈥檚 home has been searched by federal agents.
鈥淭hey have used the levers of power to intimidate and demonize professional journalists who report stories that are unfavorable to the administration鈥檚 desired narrative,鈥� said Frank Sesno, a former CNN White House bureau chief who is now a media and public affairs professor at George Washington University.
He called Friday鈥檚 subpoenas 鈥渄angerous and uncharted territory, but merely an extension of what we have seen from this administration and president.鈥�
鈥淒on鈥檛 like a poll? Sue the Des Moines Register. Don鈥檛 like the way an interview is edited? Sue 鈥�60 Minutes.鈥� Don鈥檛 like the coverage of the gifted Air Force One? Order the FBI to investigate and subpoena the journalists for what is, by the way, a story that is in the public interest.鈥�
Some of the subpoenas were delivered to reporters at home
Some of the subpoenas were delivered to reporters at their homes, the Times said. Sought by Jay Clayton, the U.S. Attorney in Manhattan, they seek to force the reporters to testify before a federal grand jury in Manhattan this week.
The new jet in question, a present from Qatar that the administration spent $400 million to retrofit and upgrade, last week. But Trump used an older model Air Force One jet to leave a NATO summit in Turkey.
The Times, citing anonymous sources, reported the switch had come at the urging of the Secret Service, and that the newer plane lacked some of the advanced security features of the older aircraft, including antimissile capabilities. On social media, Trump denied security concerns.
The subpoenas were issued after FBI Director Kash Patel and other Justice Department officials met at the White House on Friday to talk about the matter, according to a person familiar with the discussions who was not authorized to discuss the issue publicly and spoke on the condition of anonymity. The Times said the meeting lasted around eight hours.
The fact that the operation was conducted from the White House itself was particularly egregious to analysts like Sesno, who called the coordination 鈥渦nprecedented.鈥�
鈥淭his graphically illustrates the pressure and influence the White House and president have brought to bear on law enforcement that is supposed to be independent and driven by facts, not politics,鈥� he said.
The National Press Club called on the Justice Department 鈥渢o immediately withdraw these subpoenas and reaffirm a principle that has long distinguished the United States: a free and independent press serves the people, not the government.鈥�
鈥淓very American should understand what is at stake,鈥� Mark Schoeff Jr., the club鈥檚 president, said in a statement. 鈥淲hen federal agents arrive at the homes of journalists with subpoenas, it is not ordinary law enforcement. It is an extraordinary assault on the freedom of the press that strikes at the heart of the First Amendment.鈥�
The Trump administration has initiated multiple lawsuits against media outlets
Trump鈥檚 animosity toward news outlets whose agenda runs counter to his own isn’t new. But in his second presidential term, he has launched an escalation, often harnessing the levers of the federal government or attempting to do so. These efforts has taken place both in actual courtrooms and in the court of public opinion.
The president has sued various news organizations . He has also threatened to revoke TV broadcast licenses. His FCC chairman is seeking to penalize shows like ABC鈥檚 鈥淭he View,鈥� where some hosts speak out against Trump, by having the FCC explore revoking its exemption from equal-time rules.
The legal skirmishes include an escalating dispute between the media and Trump鈥檚 Defense Department over reporters鈥� access to the Pentagon. The Times has filed two lawsuits over a policy requiring journalists to be accompanied by escorts at the military complex.
The White House has also battled with The Associated Press over the news organization’s refusal to follow Trump鈥檚 executive order renaming . And it has battled with The Wall Street Journal over reporting about Jeffrey Epstein and his ties to the president 鈥� including an article that described a sexually suggestive letter that the newspaper said bore Trump鈥檚 signature.
Last month, that sought to compel reporters at The Washington Post and the Wall Street Journal to testify before a grand jury, according to people familiar with the matter.
The Post confirmed that one of its journalists received a subpoena from the Trump administration as part of a broader crackdown on media leaks that in January also included the and the seizure of her electronic devices. The media world was stunned by the search of the home of reporter Hannah Natanson, who was covering Trump鈥檚 ,
The Times is now gearing up for battle against what its lawyer, David McCraw, has called 鈥渢his brazen act.鈥�
In an internal memo seen by the AP, the paper’s executive editor, Joseph Kahn, criticized the subpoenas and said: 鈥淲e expect to prevail. We have the best legal team in the business. … The law protects news gatherers from this sort of retaliatory abuse of prosecutorial power. It is essential that the courts reaffirm that protection and quash this overreach. We are confident they will in this case.鈥�
Kahn praised the work of the five journalists 鈥� Tyler Pager, Eric Schmitt, Eric Lipton, Adam Goldman and Julian Barnes 鈥� and said they should know 鈥渢hat all of us as their colleagues, and the full resources of The Times, are behind them and that we will fight this legal abuse together.鈥�
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Jocelyn Noveck covers the intersection of media and entertainment for The Associated Press.
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