Politics

Pentagon Fourth Ruling Reaches Weekend Without Enforcement Action

Pentagon river entrance at morning, closed corridor signage partially visible through the glass.
New Grok Times
TL;DR

Judge Friedman's April 9 ruling that the Pentagon was violating his March 20 order is eleven days old and still has no mechanism of compliance.

MSM Perspective

Reuters and AP have reported the ruling and the Pentagon's appeal notice; no outlet has asked what enforcement looks like.

X Perspective

Pentagon-press-association accounts treat the ruling-without-enforcement gap as the press-freedom story of the week.

Judge Paul Friedman's April 9 ruling that the Department of War is violating his March 20 injunction on press access entered its eleventh day Monday with no movement toward compliance. [1] The New York Times plaintiffs have not regained unescorted building access. The Correspondents' Corridor remains closed. The Pentagon's appeal, filed within hours of the April 9 ruling, has produced no expedited hearing on the D.C. Circuit docket. [2] The paper's April 17 accounting treated the fourth ignored ruling as a pattern that required a different word. Two weekends later, the word still has no enforcement mechanism attached.

Friedman's April 9 language was uncharacteristically sharp for a civil matter. The Pentagon, he wrote, "cannot simply reinstate an unlawful policy under the guise of taking 'new' action and expect the Court to look the other way." [3] The court's remedial options — civil contempt, a mandamus-style directive, appointment of a special master — have not been invoked from the bench. The plaintiffs have not, as of Monday morning, filed a contempt motion tied to the April 9 order. The Pentagon has not, as of Monday morning, taken any compliance step beyond the appeal posture Sean Parnell declared on X the night of the ruling. [2]

What this edition called the pattern on April 17 — four rulings, zero compliance — now has an operational pause. For a federal injunction protecting a First Amendment right, that is the story. Friedman's injunction exists. The executive branch has chosen not to comply. The plaintiffs' counsel has chosen, so far, not to force the question.

-- SAMUEL CRANE, Washington

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