Justice Department withdraws subpoenas for four journalists

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The Justice Department withdrew grand jury subpoenas issued to four journalists from The Washington Post and the Wall Street Journal, resolving legal battles that press organizations condemned as unconstitutional attacks on newsgathering.

The Washington Post reported that one subpoena targeted reporter Ellen Nakashima, relating to sensitive coverage of a national security matter. The department also issued subpoenas to three Wall Street Journal journalists who reported on national security issues, according to the Post.

Olivia Petersen, a spokesperson for The Washington Post, confirmed the subpoena targeting Nakashima and pushed back against the government’s action. Petersen called the move an unwarranted violation of press freedom and “another sign of the government seeking to compel journalists to become instruments of its investigations,” Politico reported.

Ashok Sinha, chief communications officer for Dow Jones, condemned the subpoenas targeting the Journal’s reporters.

“The government’s subpoenas to The Wall Street Journal and our reporters represent an attack on constitutionally protected newsgathering,” Sinha said in May. “We will vigorously oppose this effort to stifle and intimidate essential reporting.”

At the time the Journal was notified of the subpoenas, the publication said they related to reporting on the Iran war, though it did not initially report that federal officials were attempting to force the reporters’ testimony. The reasons for the subpoenas remain unclear, though a source familiar with the matter told the Post they relate to national security.

Both organizations mounted legal challenges in the U.S. District Court for the Eastern District of Virginia. The Post was fighting the Nakashima subpoena in sealed proceedings when the Justice Department rescinded it. The department subsequently withdrew the subpoenas targeting the Journal reporters. Following the withdrawals, none of the journalists testified before a grand jury.

The subpoenas emerge against a backdrop of escalating tensions between the federal government and the national press. In January, the FBI raided the home of a Washington Post reporter. Last year, the Pentagon revoked journalists’ credentials for not signing an agreement governing what they can report.