Debevoise & Plimpton
July 18, 2026
Debevoise & Plimpton LLP 801 Pennsylvania Avenue, N.W. Washington, D.C. 20004
+1 202 383 8000
Via Email/ Under Seal
The Honorable Arun Subramanian
United States District Court
Southern District of New York
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street
New York, NY 10007
Re: In re Grand Jury Subpoenas Dated July 10, 2026, No. 26 Misc. 352 (AS)
Dear Judge Subramanian:
We submit this letter-motion on behalf of our clients, The New York Times Company (“The Times”), Julian E. Barnes, Eric Lipton, and Eric Schmitt, in the above-referenced matter and in response to the Government’s letter filed at 2:42 PM today. We also write on behalf of two additional clients, Tyler Pager and Adam Goldman, who are reporters with The Times and, together with Mr. Barnes, Mr. Lipton, and Mr. Schmitt, co-authored the July 8 and July 9, 2026, articles in The Times regarding Air Force One (the “Journalists” and, together with The Times, the “Movants”).
In its letter, the Government stated that the Department of Justice (“DOJ” or the “Department”) issued subpoenas to third-party service providers for toll records and subscriber data for accounts believed to be associated with the Journalists.
The disclosure of additional subpoenas for confidential newsgathering information of the Journalists is deeply concerning, revealing yet another instance of the alarming pattern of conduct detailed in the Motion to Quash. These actions demonstrate abuse of the grand jury process, continued bad-faith attacks on the Journalists, violations of the Department’s own internal regulations, and disregard for the law in this Circuit intended to protect critical First Amendment interests.For the reasons set forth below, we respectfully request that the Court (1) allow Mr. Pager and Mr. Goldman to be added as movants in the pending Motion to Quash grand jury subpoenas dated July 10, 2026 (the “Testimonial Subpoenas”);¹ (2) deem the Motion to Quash amended to include a request to quash the newly-disclosed grand jury subpoenas served on third-party phone service providers on July 10, July 14, and July 16, 2026, for records associated with the Journalists
1
Mr. Pager and Mr. Goldman were not included as Movants in the Motion to Quash because the Government attempted but failed to serve them with the Testimonial Subpoenas. Unlike Mr. Barnes, Mr. Lipton, and Mr. Schmitt, they were therefore under no obligation to appear for testimony.
