New York Times Tells Judge Pentagon Is Evading Press‑Access Injunction With Escort‑Only Policy
The New York Times told Judge Paul Friedman that the Pentagon’s interim press‑access policy imposes “radical new restrictions” and is an “attempted end‑run” around the March 20 order, with reporter Julian Barnes declaring that credentialed journalists are confined to a library press area they cannot reach without corridors or shuttles they aren’t authorized to use — a setup Friedman likened to “Catch‑22” or “Kafka.” The Times says the policy bars entry without an escort, requires day‑ahead requests for specific, pre‑arranged events (making Facility Alternate Credentials “effectively worthless”) and limits anonymity, while government attorney Sarah Welch asserted the Defense Department is in “full” good‑faith compliance and that the policy contains “safe harbors” for routine newsgathering.
📌 Key Facts
- At a Monday hearing before U.S. District Judge Paul Friedman, Times attorney Theodore Boutrous said the Pentagon’s interim press‑access policy imposes “radical new restrictions” on reporters and is an “attempted end‑run” around Friedman’s March 20 order.
- Times reporter Julian Barnes filed a declaration saying the revised credentials confine reporters to a Pentagon library press area that they cannot reach without using corridors or shuttles they are not authorized to use; Friedman compared the setup to a “Catch‑22” or “Kafka.”
- Pentagon staff have told Times reporters they may not enter the building without an escort and must request access at least a day in advance for specific, pre‑arranged events, a change that effectively renders Pentagon Facility Alternate Credentials (PFACs) “worthless.”
- The Times says this is the first time in Barnes’ 20 years covering the Pentagon that credentialed reporters have been barred from entering without an escort, reservation, or specific‑event invitation, and that the interim policy also imposes unprecedented limits on when reporters may grant anonymity to sources.
- Government attorney Sarah Welch told the court the Defense Department is in “full” good‑faith compliance with the March 20 order and that the new policy includes “safe harbors” intended to allow routine newsgathering.
📰 Source Timeline (2)
Follow how coverage of this story developed over time
- Times attorney Theodore Boutrous told Judge Paul Friedman at a Monday hearing that the Pentagon’s interim policy imposes 'radical new restrictions' on reporters and constitutes an 'attempted end‑run' around the March 20 order.
- Times reporter Julian Barnes filed a declaration describing how the new credentials confine reporters to a Pentagon library press area that they cannot reach without using corridors or shuttles they are not authorized to use, prompting Friedman to liken the setup to 'Catch‑22' or 'Kafka.'
- Under the revised policy, Pentagon staff told Times reporters they may not enter the building without an escort and must request access at least a day in advance for specific, pre‑arranged events, making Pentagon Facility Alternate Credentials effectively 'worthless.'
- The Times says this is the first time in Barnes’ 20 years covering the Pentagon that credentialed reporters have been barred from entering without an escort, reservation or specific event invitation, and that the interim policy also imposes unprecedented limits on when reporters may grant anonymity to sources.
- Government attorney Sarah Welch argued at the hearing that the Defense Department is in 'full' good‑faith compliance with the March 20 order and that the new policy includes 'safe harbors' for routine newsgathering.