US appeals court lets Pentagon enforce escorted access rule for reporters
Washington- A U.S. appeals court on Monday allowed the Defense Department to require journalists to be escorted while on Pentagon grounds as the Trump administration challenges a lower court ruling that blocked enforcement of the policy, handing the government a temporary win in its dispute with The New York Times over press access.
The divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said the administration was likely to succeed in arguing that the Pentagon’s new credential policy, which requires reporters to be accompanied by escorts inside the building, is legally valid.
The ruling is not a final decision in the lawsuit brought by The New York Times, which challenged the policy as unconstitutional, but it temporarily suspends an April 9 order by U.S. District Judge Paul Friedman that had barred the Defense Department from enforcing the escort requirement.
Friedman had ruled that the Pentagon’s revised credential policy violated journalists’ constitutional rights to free speech and due process, saying Defense Secretary Pete Hegseth’s team appeared to be attempting to circumvent his earlier March 20 decision ordering the restoration of Pentagon access for reporters.
He said the new rules effectively expelled all journalists from the building unless they were guided by official escorts, undermining the practical ability of the press to report independently.
Circuit Judges Justin Walker, J. Michelle Childs and Bradley Garcia heard the appeal, with Childs dissenting from the 2-1 decision.“Reporters can hardly verify sources, gather information, or speak candidly with Department personnel with an escort looming over their shoulders,” Childs wrote in her dissent.
Defense Department spokesperson Sean Parnell welcomed the panel’s decision and said the Pentagon looked forward to arguing the full merits of the case before the same court.In a statement posted on social media, Parnell said unrestricted access had contributed to the “regular unauthorized disclosure of sensitive and classified national defense information.”
“Since implementing the current access policy, the Department has seen a meaningful reduction in these unauthorized disclosures, which when they occur can endanger the lives of service members, intelligence personnel, and our allies,” he said.Theodore Boutrous, an attorney representing The New York Times, described the appellate ruling as a limited procedural step rather than a judgment on the broader constitutional challenge.
“This is a narrow, preliminary ruling and it casts no doubt on the strength of The Times’s constitutional arguments,” Boutrous said in a statement. “We look forward to defending the full scope of the district court’s rulings in The Times’s favor in this appeal.”The case has become a closely watched test of the balance between national security controls inside the Pentagon and longstanding press access for accredited journalists covering the U.S. military.
President Donald Trump nominated Judge Walker to the appeals court, while President Joe Biden appointed Judges Garcia and Childs. Friedman, the district judge who initially ruled for the newspaper, was appointed by former Democratic President Bill Clinton.
