WASHINGTON (AP) 鈥� The Pentagon has flouted a blocking it from enforcing a policy limiting news reporters鈥� access to the Defense Department鈥檚 headquarters, a New York Times attorney asserted Monday in urging a federal judge to compel the government’s compliance with the 10-day-old order.
U.S. District Judge Paul Friedman didn’t immediately rule from the bench after hearing a second round of arguments from lawyers for the newspaper and the Trump administration. The Times claims Pentagon officials have implemented a revised press policy that circumvents the judge’s March 20 ruling.
Friedman sided with The Times earlier this month in deciding that the Pentagon鈥檚 new credential policy violated journalists鈥� constitutional rights to free speech and due process. He to reinstate the press credentials of seven Times reporters and stressed that his decision applies to 鈥渁ll regulated parties.鈥�
Times attorney Theodore Boutrous said the Pentagon responded to Friedman’s order by imposing a new, revised policy that imposes 鈥渞adical new restrictions鈥� on journalists.
鈥淭hey’ve only made things worse,鈥� Boutrous said.
Government attorney Sarah Welch said the Defense Department’s revised policy on media access to the Pentagon includes several 鈥渟afe harbors鈥� protecting reporters engaging in routine forms of newsgathering. 鈥淭he department has fully complied in good faith with that (March 20) order,鈥� Welch told the judge.
Contradictions arise in Pentagon’s new approach
In a Sunday, Times national security reporter Julian Barnes said Pentagon staff also explained to him and his colleagues last week that their new credentials would give them access a new press area located in the Pentagon library. But the only way for the reporters to access the library is through a corridor or on a shuttle bus that they didn’t have permission to use, Barnes noted 鈥� prompting a pointed response from Friedman.
鈥淗ow weird is that?鈥� the judge said. 鈥淚s it Catch-22? Is it Kafka? What’s going on here?鈥�
In October, reporters from mainstream news outlets of the building rather than agree to the new rules. The Times and Defense Secretary Pete Hegseth in December to challenge the policy.
Times attorneys accused the Pentagon of violating the judge鈥檚 March 20 order, 鈥渂oth in letter and spirit,鈥� by issuing a revised 鈥渋nterim鈥� policy that bars credentialed reporters from entering the building without an escort. Plaintiffs鈥� lawyers say the latest policy also imposes unprecedented rules dictating when reporters can offer anonymity to sources.
鈥淭he intent is obvious: The Interim Policy is an attempted end-run around this Court鈥檚 ruling,鈥� .
Pentagon says it’s complying
Government lawyers said the Pentagon鈥檚 revised policy fully complies with the judge鈥檚 directives.
鈥淚n effect, Plaintiffs ask this Court to expand the Order to prohibit the Department from ever addressing the security of the Pentagon through a press credentialing policy with conditions that may address similar topics or concerns as the enjoined conditions. The Order does not say that, and this Court should not read it to say that,鈥� .
Pentagon spokesperson Sean Parnell has said the administration would appeal Friedman鈥檚 March 20 decision.
The Pentagon Press Association, which includes Associated Press reporters, said the Pentagon鈥檚 interim policy preserves provisions that Friedman deemed to be unconstitutional while also adding new restrictions on credential holders.
鈥淭he Interim Policy moves reporters鈥� workspace to an annex facility outside the Pentagon and prohibits any reporter from moving within the Pentagon itself without an escort, further limiting their ability to actually do journalism in the forum designated specifically for that purpose,鈥� .
The current Pentagon press corps is comprised mostly of conservative outlets that agreed to the policy. Journalists from outlets that refused to consent to the new rules, including from the AP, have on the military.
Friedman, who was nominated to the bench by Democratic President Bill Clinton, said in his order that recent U.S. military operations in Venezuela and Iran highlight the need for public access to information about government activities.
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