Judges Uphold Pentagon Authority to Escort Reporters in Appeal Proceedings

WASHINGTON — A divided federal appeals court ruled Monday that the Defense Department can enforce a policy requiring journalists to be escorted on Pentagon grounds while the Trump administration appeals a lower court’s decision blocking the rule.

The 2-1 ruling from the DC Circuit granted the government’s request to suspend an April 9 order by U.S. District Judge Paul Friedman, who found that the Pentagon’s new credential policy violated reporters’ constitutional rights to free speech and due process. The policy was introduced after a previous ruling restored press access.

In dissent, Judge J. Michelle Childs wrote that “reporters can hardly verify sources, gather information, or speak candidly with Department personnel with an escort looming over their shoulders.”

The Pentagon welcomed the decision, saying unescorted access had led to “regular unauthorized disclosure of sensitive and classified national defense information.” The New York Times, which filed the lawsuit, called the ruling “narrow and preliminary” and said it remains confident in its constitutional arguments.

The case will continue on its merits before the same appeals panel.

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