WASHINGTON — A federal appeals court has authorized the Defense Department to mandate journalist escorts on Pentagon property as the Trump administration contests a lower court ruling that blocked enforcement of its media access restrictions, according to a Monday decision.
The 2-1 decision from a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit represents an interim ruling in The New York Times’ legal challenge to the Pentagon’s revised press credential requirements. The majority indicated the government would likely demonstrate the escort provision’s legal standing.
The appellate panel approved the government’s motion to halt an April 9 ruling by U.S. District Judge Paul Friedman, who determined the Defense Department had violated his previous directive to reinstate Pentagon access for journalists.
Circuit Judges Justin Walker, J. Michelle Childs and Bradley Garcia considered the matter, with Childs providing the lone dissenting voice in 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.
Judge Friedman had determined the Pentagon’s updated credential requirements infringed upon journalists’ constitutional free speech and due process protections. He stated Defense Secretary Pete Hegseth’s administration attempted to circumvent his March 20 decision by establishing new regulations that remove all reporters from the facility without escort supervision.
Defense Department spokesperson Sean Parnell expressed satisfaction with the panel’s determination and anticipation for presenting the complete case before the same judges. Through a social media statement, Parnell claimed unrestricted Pentagon access has resulted in “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 wrote.
Theodore Boutrous, representing The Times, characterized the panel’s determination as “a narrow, preliminary one” that “casts no doubt” on the publication’s constitutional claims.
“We look forward to defending the full scope of the district court’s rulings in The Times’s favor in this appeal,” Boutrous said in a statement.
Republican President Donald Trump appointed Walker to the bench. Democratic President Joe Biden nominated Garcia and Childs. Democratic President Bill Clinton selected Friedman.
