WASHINGTON (AP) 鈥� A Pentagon policy limiting journalists’ access to the building is depriving Americans of vital information about U.S. military operations while the country is , a New York Times attorney argued Friday in urging a judge to block the new rules.
鈥淚t’s more important than ever for the public to know as much as they can,鈥� Times attorney Theodore Boutrous told U.S. District Judge Paul Friedman during the first hearing for the newspaper’s lawsuit against the Defense Department.
Friedman didn’t immediately rule on whether to order the Pentagon to reinstate press credentials for reporters who of the building last October rather than agree to the new rules. But the judge’s remarks suggested he was skeptical of key arguments in the government’s defense of the policy.
Judge cites need for 鈥榓 variety of views鈥�
Friedman, who was nominated to the bench by Democratic President Bill Clinton, suggested it is 鈥渕ore important than ever鈥� for Americans to hear 鈥渁 variety of views鈥� about the activities of the federal government and its elected leaders.
鈥淎 lot of things need to be held tightly and secure, but openness and transparency allows members of the public to know what their government is doing,鈥� the judge said.
Justice Department attorney Michael Bruns said the credentialing policy reflects the government’s 鈥渃ompelling interest鈥� and its 鈥渟tatutory obligation鈥� to protect national security information.
鈥淭his is not a trivial exercise,鈥� Bruns argued.
Friedman said he intends to issue 鈥渁s prompt a decision as I can, because I know it’s important for lots of reasons.鈥�
The Times and Defense Secretary Pete Hegseth in December, claiming the credentialing policy violates the journalists鈥� constitutional rights to free speech and due process.
Times spokesperson Charles Stadtlander said the U.S. attacks on Iran 鈥� and the resulting 鈥� 鈥渋lluminate the public鈥檚 right to access deep, impartial reporting on the details of the military actions happening as we speak.鈥�
鈥淭oday was an important opportunity for The New York Times鈥檚 lawyers to make our case for the clear importance and public service of allowing journalists to report fully on the Pentagon,鈥� Stadtlander said in a statement.
The current Pentagon press corps comprises mostly conservative outlets that agreed to the policy. Reporters from outlets that refused to consent to the new rules, including those from The Associated Press, have on the military from outside the building.
The AP, meanwhile, is awaiting a decision by a three-judge panel of the U.S. District Court of Appeals on its against President Donald Trump’s administration. The AP contends that Trump鈥檚 team punished it by reducing its access to presidential events because the outlet hasn鈥檛 followed the president鈥檚 lead in renaming the Gulf of Mexico.
The Pentagon calls the policy 鈥榗ommon sense鈥�
The Pentagon has argued that the policy imposes 鈥渃ommon sense鈥� rules that protect the military from the disclosure of national security information.
鈥淭he goal of that process is to prevent those who pose a security risk from having broad access to American military headquarters,鈥� .
Times attorneys claim the policy is designed to silence unfavorable press coverage of Trump鈥檚 administration.
鈥淭he First Amendment flatly prohibits the government from granting itself the unbridled power to restrict speech because the mere existence of such arbitrary authority can lead to self-censorship,鈥� .
The Times argues that the Pentagon has applied its own rules inconsistently. The newspaper said Trump ally , a right-wing personality who agreed to the Pentagon policy, appeared to violate its prohibition on soliciting unauthorized information by promoting her 鈥渢ip line.鈥�
The government didn’t object to Loomer’s 鈥済eneral tip line鈥� but concluded that a Washington Post tip line does violate its policy because it purportedly 鈥渢argets鈥� military personnel and department employees.
鈥淚t’s mystifying,鈥� Boutrous said. 鈥淚t just doesn’t make any sense.鈥�
The judge asked Bruns, the government attorney, what standards are used to decide if a reporter poses a security risk.
鈥淒on’t there have to be some criteria that are applied in a uniform way?鈥� Friedman asked.
Yes, Bruns answered. But he said the government has 鈥渇ar more leeway鈥� to restrict speech in a secure forum like the Pentagon.
鈥淭he reason for the policy is the security of the Pentagon,鈥� he added.
Yale Law School professor David Schulz, who represents the Pentagon Press Association, said the challenged policy represents a 鈥渟tark break from the past.鈥�
鈥淭he press has been in the building since the day it opened,鈥� Schulz told the judge. 鈥淚t has always been there.鈥�
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AP Media Writer David Bauder in New York contributed to this story.
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