The Trump administration attempted to compel testimony from four journalists before a federal grand jury in recent weeks, an official familiar with the matter told NBC News, but backed off the matter after the news organizations pushed back behind the scenes.
The Justice Department dropped the grand jury subpoenas for the journalists: three from The Wall Street Journal and one from The Washington Post.
The subpoenas in question stood out because they not only demanded the disclosure of information — as subpoenas targeting news organizations and journalists have done in the recent past — but would have required journalists to actively testify before a federal grand jury investigating national security leaks, under the threat of contempt of court that could result in journalists being locked up.
The Washington Post disclosed the subpoenas, which were issued in the Eastern District of Virginia, in a story on Tuesday morning. The Wall Street Journal had previously reported on the subpoenas, but never disclosed that they would have required testimony from reporters.
In a gaggle with Justice Department reporters in his conference room on Tuesday, Acting Attorney General Todd Blanche declined to speak about the specifics of the subpoena fight.
“I think attorneys generals before me have said in these cases reporters are not our targets,” Blanche said, adding he believes the administration values the role journalists play.
“We’re not going to stop investigating people who work in this administration who think it’s okay to leak classified information.”
A spokesperson for The Washington Post said in a statement that it would “stand fully behind” its journalism and fight “all efforts by any administration” to violate First Amendment rights.
“The unwarranted subpoena of our reporter Ellen Nakashima — a clear violation of constitutionally guaranteed press freedom — was another sign of the government seeking to compel journalists to become instruments of its investigations,” the spokesperson said.
In an editorial decrying the effort, the paper said that Nakashima, a longtime reporter, “has produced scoops about the intelligence community, Iran and the extrajudicial boat strikes in the Caribbean.”
Executive Editor Matt Murray wrote in an email to staff that it was “in The Washington Post’s DNA to question, investigate, uncover and report.”
He reiterated The Washington Post’s “unwavering support for the First Amendment rights enshrined in our constitution, the legal protections afforded journalists, and our unblinking support of our journalists and press freedom” and thanked the legal team “who have worked aggressively on behalf of Ellen and The Post.”
The Wall Street Journal did not immediately respond to a request for comment.
