Justice Department agrees to withdraw subpoenas of New York Times journalists over Air Force One reporting

A judge repeatedly questioned why prosecutors had issued the subpoenas before pursuing alternative investigative steps.

The Justice Department agreed Thursday to withdraw grand jury subpoenas seeking testimony and records from New York Times reporters and their family members after a federal judge repeatedly questioned why prosecutors had issued the subpoenas before they pursued alternative investigative steps.

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At a hearing Thursday before U.S. District Judge Arun Subramanian in Manhattan, prosecutor Sean Buckley initially resisted withdrawing the subpoenas, arguing that they should instead be held in abeyance so the government could preserve the records in case they were needed later.

But Subramanian repeatedly pressed Buckley about the distinction, noting that the government could quash the subpoenas and return to court later with new applications if justified.