Debevoise & Plimpton LLP achieved a crucial victory for freedom of the press by successfully challenging Department of Justice grand jury subpoenas directed at five New York Times reporters. In expedited litigation in the Southern District of New York, Debevoise partners David O’Neil and Douglas Zolkind argued that the subpoenas violated the First Amendment and demonstrated abuse of the grand jury process. At the end of a hearing in which the court made clear it agreed that the subpoenas were unlawful, DOJ abandoned the effort and withdrew the subpoenas, ensuring that the reporters can continue their First-Amendment protected newsgathering activities.

The subpoenas sought grand jury testimony from five reporters, as well as records from third-party phone service providers, related to The Times’s reporting on security issues with the aircraft donated by Qatar to be used as a new Air Force One. Debevoise moved to quash the subpoenas, arguing that they were issued in a bad faith effort to intimidate and retaliate against members of the press. Debevoise also contended that DOJ failed to comply with its own regulations governing compulsory process to members of the news media, failed to satisfy the Second Circuit’s qualified reporters’ privilege, and made factual errors and omissions in certain representations to the court.

At the hearing, U.S. District Judge Arun Subramanian questioned the government’s compliance with legal requirements and DOJ policy and indicated the subpoenas would be quashed unless they were withdrawn. DOJ then withdrew all of the subpoenas and agreed to seek judicial approval before issuing future subpoenas to The Times or its reporters in connection with this investigation.

The Debevoise team was led by litigation partners David O'Neil and Douglas Zolkind and included associates Amela Bajramovic, David Barenholtz, Joanna Brown, Katelyn McNelis and Leah Rosenberg.