DOJ Makes Surprising Choice After Newsrooms Push Back
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Unclear If Blanche Will Try Again
Earlier this month, the Justice Department reportedly withdrew subpoenas it issued to journalists seeking to compel the reporters to testify before a federal grand jury in Virginia. The odd reversal came after news outlets challenged the subpoenas, according to new reporting from the Washington Post and the New York Times.
According to both outlets, the DOJ sent grand jury subpoenas to Washington Post reporter Ellen Nakashima — reportedly related to her national security reporting, and her coverage of U.S. military actions in Venezuela — and three Wall Street Journal journalists, who also have reported on national security issues. Both WaPo and WSJ fought the DOJ’s efforts in sealed filings and the Justice Department backed down in early June, according to the articles. Per WaPo:
The Washington Post was fighting the demand in federal court in the Eastern District of Virginia in sealed proceedings when the government rescinded Nakashima’s subpoena, according to the official familiar with the matter. The Justice Department also withdrew the Wall Street Journal subpoenas, which the news organization had challenged in the same federal court, according to the official, who spoke on the condition of anonymity to discuss proceedings that are not public. None of the journalists testified before the grand jury, the official said.
According to the Times, it is not yet clear if acting Attorney General Todd Blanche will attempt to hit the reporters with new subpoenas, but Blanche did defend the department’s efforts last month.
“Any witness, whether a reporter or otherwise, who has information about these criminals should not be surprised if they receive a subpoena about the illegal leaking of classified material,” Blanche told the Times in May.
The Washington Post has been vocal in defending its journalists and First Amendment rights, with a spokesperson calling the subpoenas “a clear violation of constitutionally guaranteed press freedom.”
“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 a statement shared with both news outlets. “We will continue to stand fully behind the journalism of The Washington Post and fight all efforts by any administration that violate our First Amendment rights.”
The subpoenas appear to be the same ones mentioned in a story in the Wall Street Journal, published in early May, which noted that the Journal had recieved subpoenas dated March 4. They sought information about a February 23 article which focused on President Trump’s private conversations with top administration officials, and their warnings about the repercussions of his actions in Iran, people familiar with the matter told the Times.
Trump has, of course, been hellbent on painting journalists as the enemy of the people since the early days of his first campaign in 2015. But he’s become particularly fixated on the kind of reporting he considers to be national security leaks around his deeply unpopular war with Iran. He’s also sued news outlets and used his Federal Communications Commission to try to threaten broadcast licenses when news networks air reporting on Trump’s war with Iran that Trump doesn’t like.
“We’re going to go to the media company that released it, and we’re going to say, ‘national security; give it up or go to jail,’” he said in April.
— Nicole LaFond
Ex Fed, State Judges Send Letter to New York Bar About Blanche
A group of former federal and state judges, with views spanning the ideological spectrum, and legal advocacy groups filed a formal complaint with the New York State Bar requesting a “professional responsibility investigation” into Blanche. Specifically, the group takes issue with his handling of the Jeffrey Epstein files and his abuse of the Justice Department’s powers to carry out political retribution on behalf of “his former personal client, Donald Trump.” They also cite his participation in the creation of a $1.8 billion slush fund for Trump’s political allies as grounds for investigation.
An excerpt of the letter, which is signed by 101 former judges:
The country deserves an Attorney General who is above reproach and serves the country without fear or favor, without placing party or personal interest above the law of the nation. The foregoing allegations unfortunately suggest that Mr. Blanche has engaged in conduct that violates his core responsibilities of competence, diligence, loyalty, and honesty. For these reasons, we urge the Grievance Committee to investigate the allegations in this complaint and take appropriate disciplinary action against Mr. Blanche.
— Nicole LaFond
Congress is Officially a ‘No’ on the Iran War
The Senate on Tuesday delivered a largely symbolic rebuke to Trump’s war in Iran, adopting the House-passed Iran war powers resolution in a 50-48 vote. This was a concurrent resolution meaning it is non-binding and does not have the force of law. Concurrent resolutions also do not require the president’s signature.
Though symbolic, now both GOP-controlled chambers have officially weighed in on the issue, voting to halt the war in Iran — just a few days after Trump declared the war supposedly “nearly” over. Democrats, and a few Republicans, in both chambers have been voting in favor of similar resolutions since Trump first launched his military operation in Iran. The measure garnered enough GOP support to finally pass the House in early June.
Sens. Bill Cassidy (R-LA), Susan Collins (R-ME), Lisa Murkowski (R-AK), Rand Paul (R-KY) all joined Democrats, voting in favor of the war powers resolution. Sen. John Fetterman (D-PA) was the sole Democrat who opposed it.
The two GOP absences — Sens. Mitch McConnell (R-KY) and Dave McCormick (R-PA) — surely helped Dems in successfully passing the resolution.
— Emine Yücel
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