The Justice Department has withdrawn extraordinary grand jury subpoenas issued to reporters from two newspapers after they challenged the demands in federal court, marking a rare retreat from an exceedingly aggressive tactic against the press.
The DOJ had sought to compel Washington Post national security reporter Ellen Nakashima and three Wall Street Journal journalists to testify before a federal grand jury regarding their reporting on sensitive national security matters, but the Post reported that both orders were pulled back.
Both news organizations fought the subpoenas in sealed proceedings in the Eastern District of Virginia. The Justice Department rescinded Nakashima’s subpoena before the judge ruled on the Post’s motion to quash it, and the Wall Street Journal subpoenas were similarly withdrawn after the outlet challenged them in the same court. None of the journalists testified before the grand jury.
The Washington Post condemned the action in a statement, calling Nakashima’s subpoena “a clear violation of constitutionally guaranteed press freedom” and stating it represented “the government seeking to compel journalists to become instruments of its investigations.”
The withdrawal signals a potential limit to the Trump administration’s otherwise aggressive assault on press freedom. The DOJ had previously raided a Post reporter’s home in January as part of a leak investigation, Trump and his allies have sued media outlets for allegedly defamatory coverage and the administration has used the Federal Communications Commission to threaten broadcast license revocations over Iran war coverage deemed “unpatriotic.”
Press freedom advocates highlighted the danger grand jury testimony poses to journalists. Gabe Rottman of the Reporters Committee for Freedom of the Press warned that prosecutors could compel journalists to identify confidential sources, potentially resulting in contempt charges or obstruction of justice convictions if reporters refused to cooperate.
The Trump administration has also rescinded Biden-era protections for journalists’ phone and email records, allowing law enforcement to search reporters’ communications when investigating government leaks — with only attorney general approval required.
While the withdrawal represents a rare victory for press freedom, the administration’s broader pattern of targeting journalists reporting on Trump administration actions continues, with experts warning of a dangerous erosion of press independence and the public’s ability to access reporting on matters of significant national interest.
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