Read the Ruling in The Times’s Lawsuit Against the Pentagon

Case 1:25-cv-04218-PLF Document 35 Filed 03/20/26

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disrupt Pentagon operations.” SUMF at 11 (¶ 61). The Appendix also states that “actions other than convictions may be deemed to pose a security or safety risk, such as discussed in the [In- Brief].” Id. (¶ 62). In addition, Appendix A, Part B sets forth “[p]rocedures for [d]enial, [r]evocation, or [n]on-[r]enewal” of a PFAC. Id. (¶ 63). Those procedures allow for an appeal following the “immediate suspension” of a reporter’s PFAC and authorize the Department to “conduct [an] inquiry as deemed appropriate” after receiving a reporter’s “written or oral response to the proposed denial, revocation, or non-renewal.” Id. at 12 (¶¶ 64-65). Finally, the Policy includes the following “Acknowledgement”:

Id. (67).

I have received, read, and understand the “Pentagon Reservation In- brief for Media Members,” with Appendices A-E, including Appendix A, which addresses the standard and procedures for denying, revoking, or not renewing a PFAC. The in-brief describes [Department] policies and procedures. My signature represents my acknowledgement and understanding of such [Department] policies and procedures, even if I do not necessarily agree with such policies and procedures. Signing this acknowledgment does not waive any rights I may have under law.

After the Policy was issued, PFAC holders were informed that their PFACs would
be revoked if they did not sign the Acknowledgement by October 15, 2025. SUMF at 12 (¶ 68). Seven journalists with The Times, including Mr. Barnes, as well as most other journalists who held PFACs at the time, refused to sign the Acknowledgement. Id. (¶ 69). Mr. Barnes and his colleagues at The Times turned in their PFACs on or around October 15, 2025. Id. (¶ 70). Mr. Barnes has not been back to the Pentagon since that date. Id. at 13 (¶ 71).

6. The New “Pentagon Press Corps”

On October 22, 2025, in a post on his official X account, Mr. Parnell

“announce [d] the next generation of the Pentagon press corps.” SUMF at 13 (¶ 73). In that post,

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