Let me be perfectly clear from the outset: I am not a lawyer. I am a Canadian academic who spends far too much time reading about press freedom, constitutional law, and the peculiarities of American legal culture. But when I saw the news that the U.S. Justice Department had subpoenaed a freelance journalist for the New York Times over a story about North Korea, I felt a familiar chill run down my spine.
This isn't just about one journalist. It's about the structural vulnerability of freelancers everywhere—and it's a reminder that if you work independently, you need to protect yourself.
The Case at Hand
The story, published in 2025, detailed a botched U.S. military operation in North Korea. According to the New York Times, freelance journalist Matthew Cole co-wrote the piece, which described how Navy SEALs killed several unarmed North Koreans during a mission to plant a listening device near the country's coast. The article cited two dozen unnamed sources.
Now, the Justice Department wants Cole's notes. All of them. For more than two years.
"We support Matthew Cole's decision to make public a subpoena that the government has attempted to keep secret," New York Times spokesperson Charlie Stadtlander said in an emailed statement.
The newspaper is paying for Cole's legal representation. That's good. But it also highlights a fundamental asymmetry: the New York Times has a legal team. Matthew Cole, as a freelancer, does not—at least not one he can afford on his own.
Why This Matters for Freelancers
Here's where I get opinionated. The American legal system has a long and frankly troubling history of going after journalists who publish information the government would rather keep hidden. Think of the Pentagon Papers, think of Daniel Ellsberg, think of the countless subpoenas issued during the Obama and Trump administrations. This is not a partisan issue. It is an institutional one.
But here's the thing that keeps me up at night: the government is increasingly targeting freelancers. Why? Because freelancers don't have the institutional backing of a major newspaper. They don't have in-house counsel. They don't have a publisher who can fight subpoenas for years.
They have their laptops, their notes, and their wits.
And that's precisely why tools like Invoice Gini matter. No, I'm not suggesting that an AI finance assistant can fight a subpoena. But I am suggesting that freelancers need to think about their entire workflow—from sourcing to billing—as part of a professional practice that deserves protection.
The Practical Implications
Let me break this down into three uncomfortable truths:
1. Your Notes Are Not Safe
If you're a freelancer, your notes are your most valuable asset. They are also your greatest liability. The government can subpoena them. A court can compel you to hand them over. And if you don't have a clear, documented process for handling sensitive information, you could find yourself in legal trouble.
2. Your Sources Are Not Safe
The whole point of a subpoena is to identify sources. The government wants to know who talked to Cole. They want to know who leaked information about a classified military operation. And they are willing to use the full weight of the federal judiciary to find out.
3. Your Business Is Not Safe
Here's the part that hits close to home for me. Freelancers are already vulnerable. We don't have benefits, we don't have job security, and we don't have a union to fight for us. When the government comes knocking, we have to decide: do we spend thousands of dollars on a lawyer, or do we roll over?
What Can You Do?
I'm not going to pretend I have all the answers. But I can tell you what I've done, and what I recommend to my students.
First, get organized. Keep meticulous records of your work, your sources, and your communications. Use encrypted tools where possible. And for the love of all that is holy, back up your data.
Second, build a professional infrastructure. This means having a proper invoicing system, a clear contract for every client, and a paper trail for every transaction. Tools like Invoice Gini can help you automate the mundane parts of freelancing—invoicing, payment tracking, and expense management—so you can focus on the work that matters.
Third, know your rights. If you're a journalist, familiarize yourself with the reporter's privilege. If you're a freelancer in any field, understand that your notes, your emails, and your financial records can be subpoenaed. Talk to a lawyer before you need one.
The Bigger Picture
This case is part of a broader pattern. The U.S. government has been escalating its attacks on journalists for years. The New York Times spokesperson called it "another brazen and illegal attack from the administration designed to deny the public information of vital importance." I tend to agree.
But I also think we need to look at the structural issues. Why are freelancers so vulnerable? Why do we accept a system where independent workers are expected to fight the federal government alone?
We need better protections for journalists. We need shield laws that apply to everyone, not just employees of major news organizations. And we need to recognize that freelancing is not a side hustle—it is a legitimate profession that deserves respect and protection.
A Final Thought
I'll leave you with this. Matthew Cole is doing what journalists do: he's telling stories that powerful people don't want told. He's facing a subpoena that could cost him his livelihood, his sources, and his freedom. And he's doing it without the safety net of a major corporation.
That takes courage. It also takes preparation.
If you're a freelancer, take this as a wake-up call. Get your house in order. Protect your work. And remember that the best way to fight for your rights is to build a business that can withstand the fight.
Source: DOJ subpoenas New York Times freelancer over N. Korea story, paper says