{"id":148703,"date":"2026-04-12T14:49:45","date_gmt":"2026-04-12T22:49:45","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/04\/12\/defense-department-lawyering-almost-as-good-as-hegseths-pullups\/"},"modified":"2026-04-12T14:49:45","modified_gmt":"2026-04-12T22:49:45","slug":"defense-department-lawyering-almost-as-good-as-hegseths-pullups","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/04\/12\/defense-department-lawyering-almost-as-good-as-hegseths-pullups\/","title":{"rendered":"Defense Department Lawyering Almost As Good As Hegseth\u2019s Pullups"},"content":{"rendered":"

The Defense Department\u2019s strategy of flipping the bird to judges while insisting that they\u2019re just scratching their eyebrow with their middle finger continues to pay off bigly. For the second time<\/a> in a month, Judge Paul Friedman voided the Pentagon\u2019s press policy and ordered DoD to let reporters back in the building. And, once again, it was Pentagon leadership shooting their mouths off that did them in.<\/p>\n

\u201cThe Department cannot simply reinstate an unlawful policy under the guise of taking \u2018new\u2019 action and expect the Court to look the other way,\u201d Judge Friedman wrote. \u201cNor can the Department take steps to circumvent the Court\u2019s injunction and expect the Court to turn a blind eye.\u201d<\/p>\n

There may be no member of the Trump administration who hates the media more than Defense Secretary Pete Hegseth. The former Fox News weekend host \u2014 ironic, isn\u2019t it?<\/em> \u2014 suffered a humiliating confirmation process, during which revelations of his drunkenness, infidelity, and utter lack of managerial skills dominated the headlines. <\/p>\n

Once in office, he took immediate steps to evict mainstream media outlets from the building. In September, he rolled out a new\u00a0policy<\/a>\u00a0for the Pentagon press corps, requiring journalists to agree not to solicit or publish any \u201cunauthorized\u201d information in exchange for access to the building. <\/p>\n

In October, reporters surrendered their Pentagon Facilities Alternate Credentials (PFACs) en masse after refusing to become glorified stenographers.<\/p>\n

\n
\n
\n

Pentagon reporters could be seen leaving the sprawling U.S. military headquarters with boxes after at least 30 news organizations declined to sign a new Pentagon access policy for journalists, warning of the potential for less coverage of the world’s most powerful military.<\/p>\n

\u2014 Reuters (@reuters.com)<\/a> 2025-10-16T04:30:56.135Z<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

They were replaced by a parade of rightwing shit-stirrers, like Laura Loomer, Mike Lindell, and Tim Pool, whom Pentagon Press Secretary Kingsley Wilson greeted as the \u201cnext generation.\u201d\u00a0<\/p>\n

\u201cThe legacy media chose to self-deport,\u201d she sneered<\/a>, adding that \u201cIt\u2019s disgraceful that they call themselves journalists and we told them as such, right?\u201d<\/p>\n

This frank admission that the actual journalists \u2014 including Fox and Newsmax \u2014 had been booted based on their First Amendment protected speech featured prominently in Judge Friedman\u2019s March 20 grant of summary judgment<\/a> in favor of the New York Times.<\/p>\n

\u201cIn sum, the undisputed evidence reflects the Policy\u2019s true purpose and practical effect: to weed out disfavored journalists\u2014those who were not, in the Department\u2019s view, \u2018on board and willing to serve,\u2019 \u2014and replace them with news entities that are,\u201d he concluded. \u201cThat is viewpoint discrimination, full stop.\u201d<\/p>\n

The government requested that the court allow it to go back and clarify the policy, but the court refused, finding that vacatur was the only appropriate remedy. And yet, just four days later, the Department issued a \u201crevised\u201d interim policy<\/a> that looked quite familiar.<\/p>\n

The new policy banished reporters from the historic Correspondents\u2019 Corridor and relocated them to a Pentagon library annex that, at the time of the ruling, had not yet opened. In the meantime, credentialed journalists could access the main building only if they had a scheduled, approved appointment and were escorted at all times. NYT reporter Julian Barnes, a veteran Pentagon correspondent, showed up<\/a> for a pre-approved interview on March 31, arrived early, showed his credentials, and was immediately ejected from the building because PFAC holders must enter through Corridor 8, not the Visitor\u2019s Center where his escort was supposed to meet him. His interview was then postponed. <\/p>\n

DOJ smirked that the physical access restrictions weren\u2019t covered by the original order, the new credentialing language was \u201cmeaningfully different\u201d from the old language, and anyway the press library has WiFi. They also complained that NYT filed a motion to compel without conferring \u2014 which is kind of amazing when your last email<\/a> ended with \u201cwe will address your arguments in response in any motion you may file.\u201d [Ed. note<\/strong>: An earlier version misquoted the email as \u201cwe will not address\u2026.\u201d But the point is that the DOJ complained about failing to confer before the NYT filed with the court when they themselves refused to respond unless a motion was first filed.]<\/em><\/p>\n

\"\"
<\/figcaption><\/figure>\n

Commander Timothy Parlatore, the policy\u2019s architect and DOD\u2019s own counsel, gave the game away when he admitted that the new policy \u201cused more words to say the same thing.\u201d<\/p>\n

\n
\n
\n

Motion to compel in Pentagon Press Pass case citing DOD lawyer Tim Parlatore bragging “we used more words to say the same thing” WOW WHO COULD HAVE SEEN THIS COMINGstorage.courtlistener.com\/recap\/gov.us\u2026<\/p>\n

\u2014 Liz Dye (@lizdye.bsky.social)<\/a> 2026-03-24T22:02:58.492Z<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

But even if Parlatore had the ability to clamp it, the outcome would have been the same. Replacing the prohibition on \u201csoliciting\u201d non-public or unauthorized classified or unclassified information with a prohibition on \u201cencouraging, inducing, or requesting\u201d it yet another middle finger \u2014 albeit one gesturing toward a thesaurus.<\/p>\n

The judge was not amused:<\/p>\n

\n

The Court cannot conclude this Opinion without noting once again what this case is really about: the attempt by the Secretary of Defense to dictate the information received by the American people, to control the message so that the public hears and sees only what the Secretary and the Trump Administration want them to hear and see. The Constitution demands better. The American public demands better, too.<\/p>\n<\/blockquote>\n

Naturally the Department has appealed. <\/p>\n

\n

Liz Dye<\/a>\u00a0produces the Law and Chaos\u00a0Substack\u00a0<\/a>and\u00a0podcast<\/a>.<\/strong><\/em>\u00a0You can subscribe by clicking the logo:<\/strong><\/em><\/p>\n

\"\"<\/a><\/figure>\n

The post Defense Department Lawyering Almost As Good As Hegseth\u2019s Pullups<\/a> appeared first on Above the Law<\/a>.<\/p>\n

The Defense Department\u2019s strategy of flipping the bird to judges while insisting that they\u2019re just scratching their eyebrow with their middle finger continues to pay off bigly. For the second time<\/a> in a month, Judge Paul Friedman voided the Pentagon\u2019s press policy and ordered DoD to let reporters back in the building. And, once again, it was Pentagon leadership shooting their mouths off that did them in.<\/p>\n

\u201cThe Department cannot simply reinstate an unlawful policy under the guise of taking \u2018new\u2019 action and expect the Court to look the other way,\u201d Judge Friedman wrote. \u201cNor can the Department take steps to circumvent the Court\u2019s injunction and expect the Court to turn a blind eye.\u201d<\/p>\n

There may be no member of the Trump administration who hates the media more than Defense Secretary Pete Hegseth. The former Fox News weekend host \u2014 ironic, isn\u2019t it?<\/em> \u2014 suffered a humiliating confirmation process, during which revelations of his drunkenness, infidelity, and utter lack of managerial skills dominated the headlines. <\/p>\n

Once in office, he took immediate steps to evict mainstream media outlets from the building. In September, he rolled out a new\u00a0policy<\/a>\u00a0for the Pentagon press corps, requiring journalists to agree not to solicit or publish any \u201cunauthorized\u201d information in exchange for access to the building. <\/p>\n

In October, reporters surrendered their Pentagon Facilities Alternate Credentials (PFACs) en masse after refusing to become glorified stenographers.<\/p>\n

\n
\n
\n

Pentagon reporters could be seen leaving the sprawling U.S. military headquarters with boxes after at least 30 news organizations declined to sign a new Pentagon access policy for journalists, warning of the potential for less coverage of the world’s most powerful military.<\/p>\n

\u2014 Reuters (@reuters.com)<\/a> 2025-10-16T04:30:56.135Z<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

They were replaced by a parade of rightwing shit-stirrers, like Laura Loomer, Mike Lindell, and Tim Pool, whom Pentagon Press Secretary Kingsley Wilson greeted as the \u201cnext generation.\u201d\u00a0<\/p>\n

\u201cThe legacy media chose to self-deport,\u201d she sneered<\/a>, adding that \u201cIt\u2019s disgraceful that they call themselves journalists and we told them as such, right?\u201d<\/p>\n

This frank admission that the actual journalists \u2014 including Fox and Newsmax \u2014 had been booted based on their First Amendment protected speech featured prominently in Judge Friedman\u2019s March 20 grant of summary judgment<\/a> in favor of the New York Times.<\/p>\n

\u201cIn sum, the undisputed evidence reflects the Policy\u2019s true purpose and practical effect: to weed out disfavored journalists\u2014those who were not, in the Department\u2019s view, \u2018on board and willing to serve,\u2019 \u2014and replace them with news entities that are,\u201d he concluded. \u201cThat is viewpoint discrimination, full stop.\u201d<\/p>\n

The government requested that the court allow it to go back and clarify the policy, but the court refused, finding that vacatur was the only appropriate remedy. And yet, just four days later, the Department issued a \u201crevised\u201d interim policy<\/a> that looked quite familiar.<\/p>\n

The new policy banished reporters from the historic Correspondents\u2019 Corridor and relocated them to a Pentagon library annex that, at the time of the ruling, had not yet opened. In the meantime, credentialed journalists could access the main building only if they had a scheduled, approved appointment and were escorted at all times. NYT reporter Julian Barnes, a veteran Pentagon correspondent, showed up<\/a> for a pre-approved interview on March 31, arrived early, showed his credentials, and was immediately ejected from the building because PFAC holders must enter through Corridor 8, not the Visitor\u2019s Center where his escort was supposed to meet him. His interview was then postponed. <\/p>\n

DOJ smirked that the physical access restrictions weren\u2019t covered by the original order, the new credentialing language was \u201cmeaningfully different\u201d from the old language, and anyway the press library has WiFi. They also complained that NYT filed a motion to compel without conferring \u2014 which is kind of amazing when your last email<\/a> ended with \u201cwe will address your arguments in response in any motion you may file.\u201d [Ed. note<\/strong>: An earlier version misquoted the email as \u201cwe will not address\u2026.\u201d But the point is that the DOJ complained about failing to confer before the NYT filed with the court when they themselves refused to respond unless a motion was first filed.]<\/em><\/p>\n

\"\"
<\/figcaption><\/figure>\n

Commander Timothy Parlatore, the policy\u2019s architect and DOD\u2019s own counsel, gave the game away when he admitted that the new policy \u201cused more words to say the same thing.\u201d<\/p>\n

\n
\n
\n

Motion to compel in Pentagon Press Pass case citing DOD lawyer Tim Parlatore bragging “we used more words to say the same thing” WOW WHO COULD HAVE SEEN THIS COMINGstorage.courtlistener.com\/recap\/gov.us\u2026<\/p>\n

\u2014 Liz Dye (@lizdye.bsky.social)<\/a> 2026-03-24T22:02:58.492Z<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

But even if Parlatore had the ability to clamp it, the outcome would have been the same. Replacing the prohibition on \u201csoliciting\u201d non-public or unauthorized classified or unclassified information with a prohibition on \u201cencouraging, inducing, or requesting\u201d it yet another middle finger \u2014 albeit one gesturing toward a thesaurus.<\/p>\n

The judge was not amused:<\/p>\n

\n

The Court cannot conclude this Opinion without noting once again what this case is really about: the attempt by the Secretary of Defense to dictate the information received by the American people, to control the message so that the public hears and sees only what the Secretary and the Trump Administration want them to hear and see. The Constitution demands better. The American public demands better, too.<\/p>\n<\/blockquote>\n

Naturally the Department has appealed. <\/p>\n

\n

Liz Dye<\/a>\u00a0produces the Law and Chaos\u00a0Substack\u00a0<\/a>and\u00a0podcast<\/a>.<\/strong><\/em>\u00a0You can subscribe by clicking the logo:<\/strong><\/em><\/p>\n

\"\"<\/a><\/figure>\n

The post Defense Department Lawyering Almost As Good As Hegseth\u2019s Pullups<\/a> appeared first on Above the Law<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Defense Department\u2019s strategy of flipping the bird to judges while insisting that they\u2019re just scratching their eyebrow with their middle finger continues to pay off bigly. For the second time in a month, Judge Paul Friedman voided the Pentagon\u2019s press policy and ordered DoD to let reporters back in the building. And, once again, […]<\/p>\n","protected":false},"author":3,"featured_media":148551,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-148703","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2026\/04\/law-and-chaos-logo-liz-dye-300x153-EUyVLK.jpg?fit=300%2C153&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/148703","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=148703"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/148703\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/148551"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=148703"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=148703"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=148703"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}