Appeals Court Allows Pentagon Escort Requirement for Reporters During Appeal

A three-judge panel from the U.S.

Court of Appeals for the District of Columbia Circuit ruled on Monday that the Defense Department can require journalists to be escorted on Pentagon grounds during the Trump administration's appeal of a lower court decision. The panel's majority opinion stated that the administration is likely to succeed in showing the policy's escort requirement is legally valid. S.

District Judge Paul Friedman, who found the department violated an earlier order to restore reporter access. The ruling is not the final decision in the lawsuit filed by The New York Times against the Pentagon. Circuit Judges Justin Walker and Bradley Garcia wrote that an agency may adopt a revised policy in response to an adverse ruling.

Circuit Judge J. Michelle Childs dissented, stating that reporters cannot verify sources, gather information, or speak candidly with department personnel under escort.

Last fall, the Pentagon implemented a policy requiring reporters covering the military to agree to restrictions for daily building access. Several media organizations, including CBS News, ABC News, NBC News, CNN, and Fox News, declined to sign the new rules.

Earlier this month, Friedman determined that a revised Pentagon policy barring unescorted reporter access violated his prior order. The appeals court granted the government's request to suspend that decision. The panel consisted of judges nominated by the current and former presidents.

spokesperson Sean Parnell stated that the department welcomes the panel's decision and looks forward to arguing the full case. Parnell noted that unescorted access has led to unauthorized disclosures of sensitive and classified information, and the current policy has reduced such incidents.

Theodore Boutrous, an attorney for The New York Times, described the ruling as narrow and preliminary, expressing confidence in defending the district court's decisions on appeal.