A newsletter by Reuters and Westlaw |
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Good morning. Today we kick off with a look at whether NYT journalists can be forced to testify in a government leak probe. Plus, Todd Blanche will face a Senate grilling today in his bid to become AG; Justice Barrett and Justice Kagan appeared before Congress warning of threats against them and their colleagues; and E. Jean Carroll received $5.63 million from President Trump. Good news? We made it to Wednesday. Bad news? It’s only Wednesday, which often makes me feel like this. Hang in there.
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Five New York Times reporters have been subpoenaed to testify before a federal grand jury in Manhattan following reporting on security concerns involving the Qatari-donated Boeing 747 intended for use as Air Force One. The DOJ says it is investigating leaks of classified information, not journalists. The Times has vowed to fight the subpoenas.
Why it matters: This case highlights the ongoing tension between national security leak investigations and press freedom. The outcome could test how far federal prosecutors can go in compelling journalists to reveal information gathered through reporting and may shape future leak investigations involving major news organizations. Key legal issues:
Limited federal protections for journalists |
- The U.S. Supreme Court has ruled that the First Amendment generally does not exempt reporters from complying with grand jury subpoenas.
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Federal courts recognize a limited qualified privilege, weighing factors such as whether the information is essential and available from other sources.
- Those protections are weakest in criminal grand jury investigations.
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While New York and many other states have shield laws protecting journalists and sources, those laws do not apply in federal proceedings.
- Congress has not enacted a federal reporter's shield law.
- While DOJ policies are not legally enforceable, courts may consider them when reviewing subpoenas.
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What if reporters refuse: If prosecutors grant immunity, reporters could lose their Fifth Amendment protection against self-incrimination. Refusing to testify could then lead to contempt sanctions, including fines or jail time, though any contempt ruling could be appealed. Jack Queen has more here. |
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Government: Acting U.S. Attorney General Todd Blanche will face questioning from a Senate panel today as the president’s former personal lawyer seeks to become AG.
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Epstein: Goldman Sachs senior counsel Kathryn Ruemmler is set to face congressional scrutiny today over her ties to Jeffrey Epstein, pushing the Wall Street bank back into the spotlight over its decision to keep her on despite her links to the convicted sex offender.
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Consumer: Russell Vought, President Trump's budget director and acting head of the U.S. Consumer Financial Protection Bureau, will testify before the House Financial Services Committee two weeks before he is due to step down as interim chief of an agency he had hoped to shutter.
- Judiciary: The U.S. Senate will vote on whether to confirm Chief Judge Jeffrey Kuntz of Florida's Fourth District Court of Appeal to a seat on the U.S. District Court for the Southern District of Florida.
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Court calendars are subject to last-minute docket changes. |
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- The Republican-led Senate voted 50-45 to confirm Sullivan & Cromwell lawyer Matthew Schwartz to be a judge on the 2nd Circuit, making him the third of Donald Trump's personal attorneys confirmed to a federal appeals court.
- Testing vendor Meazure Learning agreed to pay $5.25 million to the State Bar of California to settle a lawsuit the agency filed after its problem-plagued February 2025 bar exam.
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Quinn Emanuel cannot represent data provider CREXi in its antitrust case against larger rival CoStar, U.S. District Judge Consuelo Marshall in Los Angeles ruled, finding the firm's representation of both companies created a conflict of interest.
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That’s how much writer E. Jean Carroll has collected from President Trump after a jury in 2023 found him liable for sexually abusing and defaming her, court records show. It is the first time Trump has been forced to pay Carroll. She has won $88.3 million of civil verdicts against the president. The payout represents the original $5 million verdict, plus interest. Read more here.
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"I didn't expect that performing this service was going to put me in the position of explaining to my children what a bulletproof vest was and why I had to wear one."
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—U.S. Supreme Court Justice Amy Coney Barrett, testifying before Congress on Tuesday, urging lawmakers to approve a roughly 10% annual budget increase for the U.S. Supreme Court to bolster security. Barrett appeared alongside U.S. Supreme Court Justice Elena Kagan, who testified that the Supreme Court Police Department expects a “substantial 38% annual increase in threats this year, which follows a 25% increase last year.” Read more about the hearings here.
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