Adam A. Marshall

@a-marshall-plan.bsky.social

I like FOIA and octopuses 🐙 • Director of National Litigation at RCFP • creator of https://foia.wiki • maintain SunshineSky Bluesky feed • he/him/his • alum GW Law, LSE, Kalamazoo College • www.rcfp.org/author/adam-marshall/

JUST POSTED: A deep investigation by The NYT of shortcuts taken to get President Trump his Qatari-donated plane in time for POTUS to show it off during 250th anniversary events-compromises that leave the plane more vulnerable to potential threats (Free link) www.nytimes.com/2026/07/25/u...

Inside the Rushed Effort to Get Trump His New Air Force One

A New York Times investigation found that President Trump’s push to speed delivery of the aircraft led to ballooning costs and trade-offs in safety features.

nytimes.com

NEW: Judge Subramanian's order puts—in an order—that the subpoenas are withdrawn, that DOJ will come to him if they want to try again, and that Subramanian will retain jurisdiction over "any related matters in this investigation." It also sets more briefing on the non-disclosure issue.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In re Grand Jury Subpoenas Dated July 10,
2026,
The New York Times Company et al.,
Movants.
26-mc-352 (AS)
ORDER
ARUN SUBRAMANIAN, United States District Judge:
The Court hereby ORDERS as follows:
1. As stated on the record during the July 23, 2026, hearing, the Government has
voluntarily withdrawn the challenged subpoenas, including the subpoenas issued to the
journalists as well as the third-party subpoenas. Those subpoenas are null and void. As
a result, the motions to quash are moot. The Clerk of Court is respectfully directed to
terminate the motions at Dkts. 22 and 27.
2. As stated by the Government at the hearing, to the extent that a decision is made to
renew the subpoenas, the Government will come to the Court in advance of issuance.
3. By consent of the parties, the Court will retain jurisdiction over any related matters in
this investigation. Movants may submit a letter by Monday, July 27, 2026 concerning
any broaderscope of that retention of jurisdiction, responding to the position articulated
by the Government at the hearing. The Government may file any response by
Wednesday, July 29, 2026.
4. With respect to the July 14, 2026 application for a non-disclosure order, the
Government should, on or before Monday, July 27, 2026, furnish to the Court on an
ex parte basis any internal communications on or before July 16, 2026, concerning (1)
the decision to seek the non-disclosure order, (2) whether the application should or
should not reference that the owners of the records were reporters, and (3) whether and
when notification of the third-party subpoenas should be given to the reporters.
SO ORDERED.
Dated: July 23, 2026
New York, New York

ARUN SUBRAMANIAN
United States District Judge

BREAKING: U.S. to Withdraw Subpoenas Issued to New York Times Journalists A federal judge raised questions about the government’s handling of the subpoenas, which The Times said were an attempt to intimidate the free press. (Yes, I can say, I am glad to hear this) www.nytimes.com/2026/07/23/b...

U.S. to Withdraw Subpoenas Issued to New York Times Journalists (Gift Article)

A federal judge raised questions about the government’s handling of the subpoenas, which The Times said were an attempt to intimidate the free press.

nytimes.com

Donald Trump's Justice Department will withdraw subpoenas issued to New York Times' journalists who reported on security concerns about the president flying on a Qatari-donated Air Force One, a prosecutor said at a court hearing reut.rs/3RQfP08

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"When the public’s right to know is crushed, as the Trump administration is trying to do with its subpoenas against The New York Times, all of us suffer irreparable harm, as does the freedom upon which this nation is built.” www.rcfp.org/nyt-sdny-sub...

Reporters Committee statement on subpoenas seeking New York Times reporters' testimony

Several New York Times journalists received subpoenas seeking their testimony before a grand jury.

rcfp.org

“The appearance of federal law enforcement agents on the doorstep of news reporters should shock the conscience of any American who believes in the Constitution and the press freedom it protects.” David McCraw, The Times’s top newsroom lawyer, in a statement on Friday evening.

Times Journalists Subpoenaed as Trump Escalates Pressure on Media

The Justice Department is seeking to compel testimony from reporters who wrote about the new Air Force One. The Times called the move a “brazen act.”

nytimes.com

I, for one, would really like to meet the people who are getting their FOIA records in less than two months and learn what spells they are casting.

Adam A. Marshall@a-marshall-plan.bsky.social · last mo.

For normal, *simple track* requests, the federal government averaged **49** days in FY25. Again the law requires these requests to be processed in most cases in 20 working days. When the gov fails to invest in #FOIA and/or actively undercuts it, the public suffers. Yikes. (13/x)

The DOJ took the extraordinary step of seeking to force reporters for The Post and the Wall Street Journal to testify before a federal grand jury — but withdrew the subpoenas earlier this month after they were challenged by the news organizations.

DOJ issued, then withdrew subpoenas to force Post, WSJ reporters to testify

Subpoenas for reporters to appear before a grand jury are exceedingly rare. The journalists have not testified.

washingtonpost.com

BREAKING: We just won a preliminary injunction in our case with @freedom.press requiring the Trump administration to follow the Presidential Records Act and preserve records for posterity. This is a huge win against their absurd stance that the law is unconstitutional.

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