Theodore J. Boutrous Jr.
speaker
34 appearances
1 recordings
1 series
first heard Jul 2026
last heard 14 Jul
Theodore J. Boutrous Jr.’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Jul 2026 with 1.
Appearances
Thank you so much for having me, Rachel, to talk about these important issues.
They really are important.
The Times has many, many strong arguments.
These subpoenas are way out of bounds.
They depart from basically every norm, every practice.
The Justice Department has had guidelines in place since the Nixon administration.
John Mitchell put them in place to protect journalists and to make sure the Justice Department didn't do what they just did on Friday, which is to subpoena reporters for their source information before investigating further information.
And the famous case of Bransburg versus Hayes from the Supreme Court said there wasn't some automatic First Amendment protection of sources, but it said harassment, bad faith use of subpoenas to try to intimidate reporters, to try to intimidate sources.
And that's what's going on here.
So I think the Times will likely go in with a motion to quash.
before Wednesday.
And the judge will let them brief those issues and I think will quash these subpoenas.
The other thing, Rachel, the Justice Department doesn't usually send the FBI to reporters' homes.
There was no need to do it.
Gratuitous, vindictive, intimidation, retaliatory for reporting on important public issues.
So I think they've got great arguments and they should win.
You were absolutely right that that was another red flashing red light that something's wrong here, that things have gone off the rails, that the testimony was supposed to happen Wednesday.
There's no need for that.
This wasn't some emergency.
I do think the court will be able to act quickly enough.
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