In a 2-1 decision, the Pentagon will once again be able to screen journalists according to its own will. A ruling on Monday by a panel of three judges from a federal appeals court partially suspends the decision that had prohibited the US Department of Defense, now called the “War Department,” from practicing a discriminatory policy regarding press access.
Last September, Pete Hegseth’s offices had demanded that journalists wanting to visit the Pentagon in Arlington, Virginia, sign a document informing them that their access to this vital location could be revoked if it was “reasonably established that they pose a risk to security or safety.” The policy also considered unauthorized access or escort, as well as the unauthorized disclosure of potentially sensitive information, even if not classified.
For the Trump administration, this is a way to close the door to criticism. In the vast and labyrinthine headquarters of the American defense department, thousands of officials work, some of whom may speak to the press outside the White House’s prevailing and always victorious line. The New York Times had challenged this rule in court and won in March.
However, the judges of the Washington federal appeals court stated by a vote of two to one that there could be a correlation between journalists’ unaccompanied access to buildings and presumed leaks of “sensitive or classified information.” The Department thus fortified its claim that this aspect of its policy serves important national security interests, as stated in the court order.
The judges acknowledged that the obligation for journalists to accept certain access conditions, potentially limiting the questions they ask and the subjects they cover, could have an impact on information gathering. They wrote, “This obligation extends beyond the press itself, affecting the public interest in the free flow of information on government operations.”
Judges Justin Walker, appointed by Donald Trump, and Brad Garcia, appointed by Joe Biden, sided with the Defense Department. However, Judge Michelle Childs, appointed by Joe Biden, dissented. Their decision applies until another court, the Columbia Circuit Appeals Court, rules on the merits.
The Pentagon spokesperson, Sean Parnell, responded positively to this authorization, stating that “while many in the media have said otherwise, the Department’s policy has never aimed to limit journalism; it is about protecting classified information that protects American lives.”
He claimed that “operational plans” were leaked through the press, without mentioning that the main leaks came from Pete Hegseth himself. Last year, The Atlantic published the US military’s attack plan against the Houthis in Yemen.
Through the encrypted messaging app Signal, its editor-in-chief had become the accidental recipient of screenshots from the Defense Secretary, detailing the precise times of scheduled strikes.
