Biden DOJ withdraws Trump-era secret subpoena for email records of four New York Times reporters
A grand jury subpoena and gag order initiated under the Trump administration sought email metadata from Google for four New York Times national security reporters: Matt Apuzzo, Adam Goldman, Eric Lichtblau, and Michael Schmidt. After Google resisted the gag order and the Times learned of the demand, the Biden DOJ withdrew the subpoena on June 5, 2021. The court quashed the order on June 4, 2021.
Dates: Underlying records period January 14 – April 30, 2017; § 2703(d) order signed December 30, 2020; § 2705(b) gag order continued into 2021; gag lifted June 4, 2021; subpoena withdrawn June 5, 2021. Individuals and organizations: Matt Apuzzo, Adam Goldman, Eric Lichtblau, Michael S. Schmidt (NYT); New York Times; Google (recipient of order); DOJ (Trump-era authorizing officials; Biden-era AG Merrick Garland ordered withdrawal); David McCraw (NYT deputy general counsel). What happened: A § 2703(d) Stored Communications Act court order signed December 30, 2020 sought email metadata for the four reporters from Google, accompanied by a § 2705(b) gag order. Google resisted the gag and ultimately succeeded in notifying NYT counsel David McCraw in March 2021. The NYT demanded the DOJ withdraw the order. On June 4, 2021, the court quashed the order. On June 5, 2021, Garland publicly pledged the DOJ would no longer seek reporters' source information in leak cases. Legal authority used: § 2703(d) of the Stored Communications Act (court order for non-content metadata); § 2705(b) gag order; grand jury subpoena. Outcome: Email metadata not produced. Subpoena withdrawn. Phone-records seizure for the same reporters (separately authorized) had already been executed. No charges against any journalist. Directly triggered the July 2021 Garland media policy (see rec_039). Why it matters: Confidential sources were at issue; the gag order denied the news organization any opportunity to challenge the order in real time. The withdrawal was a direct response to public pressure following the cascade of Trump-era seizure disclosures.