WASHINGTON (AP) 鈥� A federal judge on Thursday ruled that the Defense Department is violating his earlier order to restore access to the Pentagon for reporters, a setback in the administration’s efforts to impede the work of journalists.
U.S. District Judge Paul Friedman for the second time in a month. He had earlier said the Pentagon’s new credential policy violated journalists鈥� constitutional rights to free speech and due process. On Thursday, he said Defense Secretary Pete Hegseth’s team had tried to evade his March 20 ruling by putting in new rules that expel all reporters from the building unless guided by escorts.
鈥淭he department simply cannot reinstate an unlawful policy under the guise of taking 鈥榥ew鈥� action and expect the court to look the other way,鈥� Friedman wrote.
Friedman had to reinstate the press credentials of seven Times reporters and stressed that his decision applies to 鈥渁ll regulated parties.鈥� The Pentagon building serves as the headquarters for U.S. military operations.
Defense Department spokesperson Sean Parnell said it disagrees with the ruling and intends to appeal. Parnell said in a social media post that the department has 鈥渁t all times鈥� complied with judge’s orders, reinstating journalists’ credentials and issuing “a materially revised policy that addressed every concern” identified by the judge.
鈥淭he Department remains committed to press access at the Pentagon while fulfilling its statutory obligation to ensure the safe and secure operation of the Pentagon Reservation,鈥� he wrote.
Times attorney Theodore Boutrous said Thursday鈥檚 ruling 鈥減owerfully vindicates both the Court鈥檚 authority and the First Amendment鈥檚 protections of independent journalism.鈥�
A dispute brewing since October
In October, reporters from mainstream news outlets of the building rather than agree to the new rules. The Times and Hegseth in December to challenge the policy.
President Donald Trump has fought against the press on several levels since returning to his second term, suing The Times and Wall Street Journal, and cutting funding for public radio and television because he did not like their coverage. At the same time, he frequently talks to the media and responds to reporters who call him on his cell phone.
In a series of briefings on the Iran War, Hegseth has frequently ignored or insulted legacy media reporters let in to cover the events, while concentrating on questions from friendly conservative media.
Times attorneys accused the Pentagon of violating the judge鈥檚 March 20 order, 鈥渂oth in letter and spirit鈥� with its revised policy. The newspaper said that Pentagon was also trying to impose unprecedented rules dictating when reporters can offer anonymity to sources.
Friedman said that the access the Pentagon made available to permit holders 鈥渋s not even close to as meaningful as the broad access鈥� they previously had.
Government lawyers said the Pentagon鈥檚 revised policy fully complies with the judge鈥檚 directives. 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.
鈥淚n effect,” , 鈥淧laintiffs 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�
Current Pentagon press corps agreed to policy
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 from outside the Pentagon.
Friedman, who was nominated to the bench by Democratic President Bill Clinton, said recent U.S. military operations in Venezuela and Iran underscore the need for public access to information about government activities.
鈥淭hose who drafted the First Amendment believed that the nation鈥檚 security requires a free press and an informed people and that such security is endangered by governmental suppression of political speech. That principle has preserved the nation鈥檚 security for almost 250 years. It must not be abandoned now,鈥� the judge wrote last month.
Friedman said the challenged policy is clearly designed to weed out 鈥渄isfavored journalists鈥� and replace them with those who are 鈥渙n board and willing to serve鈥� the administration.
鈥淭hat,” he wrote, 鈥渋s viewpoint discrimination, full stop.鈥�
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