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A federal judge on Thursday ruled that the Defense Department is violating his earlier order to restore access to the Pentagon for reporters, a setback in the administration's efforts to impede the work of journalists.

U.S. District Judge Paul Friedman sided with The New York Times for the second time in a month. He had earlier said the Pentagon's new credential policy violated journalists' constitutional rights to free speech and due process. On Thursday, he said Defense Secretary Pete Hegseth's team had tried to evade his March 20 ruling by putting in new rules that expel all reporters from the building unless guided by escorts.

"The department simply cannot reinstate an unlawful policy under the guise of taking 'new' action and expect the court to look the other way," Friedman wrote. Friedman had ordered Pentagon officials to reinstate the press credentials of seven Times reporters and stressed that his decision applies to "all regulated parties." The Pentagon building serves as the headquarters for U.S. military operations.

Defense Department spokesperson Sean Parnell said it disagrees with the ruling and intends to appeal. Parnell said in a social media post that the department has "at all times" complied with judge's orders, reinstating journalists' credentials and issuing "a materially revised policy that addressed every concern" identified by the judge.

"The Department remains committed to press access at the Pentagon while fulfilling its statutory obligation to ensure the safe and secure operation of the Pentagon Reservation," he wrote.

Times attorney Theodore Boutrous said Thursday's ruling "powerfully vindicates both the Court's authority and the First Amendment's protections of independent journalism."

In October, reporters from mainstream news outlets walked out of the building rather than agree to the new rules. The Times sued the Pentagon and Hegseth in December to challenge the policy.

President Donald Trump has fought against the press on several levels since returning to his second term, suing The Times and Wall Street Journal, and cutting funding for public radio and television because he did not like their coverage. At the same time, he frequently talks to the media and responds to reporters who call him on his cell phone.

In a series of briefings on the Iran War, Hegseth has frequently ignored or insulted legacy media reporters let in to cover the events, while concentrating on questions from friendly conservative media.

Times attorneys accused the Pentagon of violating the judge's March 20 order, "both in letter and spirit" with its revised policy. The newspaper said that Pentagon was also trying to impose unprecedented rules dictating when reporters can offer anonymity to sources.

Friedman said that the access the Pentagon made available to permit holders "is not even close to as meaningful as the broad access" they previously had.

Government lawyers said the Pentagon's revised policy fully complies with the judge's directives. Pentagon spokesperson Sean Parnell has said the administration would appeal Friedman's March 20 decision.

The Pentagon Press Association, which includes Associated Press reporters, said the Pentagon's interim policy preserves provisions that Friedman deemed to be unconstitutional while also adding new restrictions on credential holders.

"In effect," Justice Department attorneys wrote, "Plaintiffs ask this Court to expand the Order to prohibit the Department from ever addressing the security of the Pentagon through a press credentialing policy with conditions that may address similar topics or concerns as the enjoined conditions. The Order does not say that, and this Court should not read it to say that."



Congressional leaders are pitching a stopgap government funding package to avoid a federal shutdown after next month, acknowledging the House and Senate are nowhere near agreement on spending levels to keep federal operations running.

House Speaker Kevin McCarthy raised the idea of a months-long funding package, known as a continuing resolution, to House Republicans on a members-only call Monday evening, according to those familiar with the private session and granted anonymity to discuss it.

On Tuesday, Senate Majority Leader Chuck Schumer said the two leaders had spoken about such a temporary measure. It would extend federal funding operations into December to allow more time to work on the annual spending bills.

“I thought it was a good thing that he recognized that we need a CR,” Schumer, D-N.Y., told reporters on a call. “We hope that our House Republicans will realize that any funding resolution has to be bipartisan or they will risk shutting down the government,” he said.

A stopgap measure that would keep government offices running past the Sept. 30 end of the fiscal year is a typical strategy while the Republican-held House and Democrat-held Senate try to iron out a long-term budget agreement. The government’s new fiscal year begins on Oct. 1, when funding approval is needed to avert closures of federal offices.

But this year, the task may prove more politically difficult. McCarthy will need to win over a large portion of his Republican colleagues to pass the stopgap bill or risk political blowback from staunch conservatives if he leaves them behind and cuts a bipartisan deal with Democrats.

Conservatives, including many from the House Freedom Caucus, are usually loathe to get behind short-term funding measures as they push for steeper spending cuts, using the threat of a shutdown as leverage.


A ruling by the North Carolina Supreme Court on Friday siding with the state controller means the court will revisit a school funding case in which an earlier lineup of justices issued a landmark opinion just four months ago.

In a 5-2 decision, the Supreme Court restored enforcement of a 2021 order by the Court of Appeals that stopped the controller from transferring money from state coffers to agencies for education purposes without the General Assembly’s express approval. A trial judge had directed the controller’s predecessor to transfer the funds — an action the Supreme Court upheld in November. Two new justices joined the bench in January, altering the court’s partisan makeup.

A lawyer for current Controller Nels Roseland told the Supreme Court last month that Roseland remained worried that he or his staff could face criminal and civil penalties for making the transfer with several issues unaddressed. The controller keeps the state’s books and manages cash flow.

A lawyer for current Controller Nels Roseland told the Supreme Court last month that Roseland remained worried that he or his staff could face criminal and civil penalties for making the transfer with several issues unaddressed. The controller keeps the state’s books and manages cash flow.


A voucher program that would provide West Virginia parents state money to pull their children out of K-12 public schools is blatantly unconstitutional and would disproportionately impact poor children and those with disabilities, a lawyer representing parents who sued the state argued Tuesday in West Virginia’s Supreme Court.

The Hope Scholarship Program, which was passed by the GOP-controlled state legislature last year and would have been one of the most far-reaching school choice programs in the country, “negatively and intentionally” impacts West Virginia’s system of free schools, lawyer Tamerlin Godley told justices during oral arguments.

“It decreases enrollment, and thus funding,” said Godley, who is representing two parents of children who receive special education supports in West Virginia public schools. “It utilizes public funding for subsidizing more affluent families that have chosen private and homeschooling and it silos the poor and special needs children who cannot use the vouchers.”

Signed by Republican Gov. Jim Justice last year, the program was set to go into effect this school year but was blocked by Circuit Court Judge Joanna Tabit in July. In a lawsuit supported by the West Virginia Board of Education and Superintendent of Schools, three parents of special education students said the scholarship program takes money away from already underfunded public schools and is prohibitive because there aren’t local private schools that could meet their children’s needs. One family has since withdrawn from the case.

The state immediately appealed the ruling. It’s unclear when justices will make a decision on the program, although the court’s current term ends in November.

The law that created the Hope Scholarship Program allows families to apply for state funding to support private school tuition, homeschooling fees and a wide range of other expenses. More than 3,000 students had been approved to receive around $4,300 each during the program’s inaugural cycle, according to the West Virginia State Treasurer’s Office.

Families could not receive the money if their children were already homeschooled or attending private school. To qualify, students had to have been enrolled in a West Virginia public school last year or set to begin kindergarten this school year.

Flash In A Pan

•  Legal Marketing     updated  2021/08/24 15:47

Flash In A Pan! If you’ve used the internet at any point in time over the past decade, chances are you’ve encountered flash. Flash was originally a creation of Jonathon Gay, developed to edit graphics and render animations.

This was in the mid-1990s and by the turn of the century, Flash was being used for interactive web pages and also to play multimedia content. Flash was relied upon so heavily that in 2005, Adobe purchased Macromedia and made Flash part of its Creative Suite.

As of today, Google and Mozilla have blocked flash on their respective browsers, citing security vulnerabilities as the motivation behind the decision.

Read more


U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person services at its field offices, asylum offices and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is following the Centers for Disease Control and Prevention’s guidelines to protect our workforce and the public.

While certain offices are temporarily closed, USCIS continues to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.

As services begin to reopen, offices will reduce the number of appointments and interviews to ensure social distancing, allow time for cleaning and reduce waiting room occupancy. Appointment notices will contain information on safety precautions that visitors to USCIS facilities must follow.



A Hong Kong court that had struck down a ban on face masks at protests said Friday that the government could enforce it for one week, as police readied for any unrest during keenly contested elections this weekend.

The High Court granted the temporary suspension “in view of the great public importance of the issues raised in this case, and the highly exceptional circumstances that Hong Kong is currently facing.”

Anti-government protests have rocked the semi-autonomous Chinese city for more than five months. Protesters remained holed up on a university campus, refusing to turn themselves in for arrest after intense clashes with police last weekend.

The court had ruled Monday that the ban, imposed last month under rarely used emergency powers to prevent protesters from hiding their identity, infringed on fundamental rights more than was reasonably necessary.

China’s parliament rebuked the court ruling this week, in what some interpreted as an indication it might overrule the decision.

In granting the one-week reprieve, the High Court said it was giving the government time to appeal the decision and seek a longer suspension from the Court of Appeal.

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