Case: The New York Times Company v. Department of Defense

The New York Times Company et al. v. Department of Defense et al.

The New York Times Company et al. v. Department of Defense et al.

The New York Times Company et al. v. Department of Defense et al.

The New York Times Company et al. v. Department of Defense et al.

The New York Times Company et al. v. United States Department of Defense et al.

The New York Times Company et al. v. United States Department of Defense et al.

The New York Times Company et al. v. United States Department of Defense et al.

U.S. Court of Appeals for the District of Columbia Circuit

COMPLAINT for Declaratory and Injunctive Relief against DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL ( Filing fee $ 405 receipt number ADCDC-12113704) filed by THE NEW YORK TIMES COMPANY, JULIAN E. BARNES. (Attachments: # 1 Exhibit A - Oct. 6, 2025 Policy, # 2 Exhibit B - RCFP Letter to Parnell, # 3 Exhibit C - Parnell Letter to RCFP, # 4 Exhibit D - Redlined Acknowledgment, # 5 Exhibit E - Sept. 18, 2025 Policy, # 6 Exhibit F - Updated Physical Control Measures, # 7 Civil Cover Sheet, # 8 Summons - Attorney General Pamela J. Bondi, # 9 Summons - Department of Defense a/k/a Department of War, # 10 Summons - Pete Hegseth, in his official capacity as Secretary of Defense, # 11 Summons - Sean Parnell, in his official capacity as Chief Pentagon Spokesman, # 12 Summons - Jeanine F. Pirro, U.S. Attorney for the District of Columbia)(Boutrous, Theodore) (Entered: 12/04/2025)

1 Exhibit A - Oct. 6, 2025 Policy

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2 Exhibit B - RCFP Letter to Parnell

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3 Exhibit C - Parnell Letter to RCFP

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4 Exhibit D - Redlined Acknowledgment

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5 Exhibit E - Sept. 18, 2025 Policy

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6 Exhibit F - Updated Physical Control Measures

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7 Civil Cover Sheet

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8 Summons - Attorney General Pamela J. Bondi

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9 Summons - Department of Defense a/k/a Department of War

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10 Summons - Pete Hegseth, in his official capacity as Secretary of Defense

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11 Summons - Sean Parnell, in his official capacity as Chief Pentagon Spokesman

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12 Summons - Jeanine F. Pirro, U.S. Attorney for the District of Columbia

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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE NEW YORK TIMES COMPANY (Boutrous, Theodore) (Entered: 12/04/2025)

NOTICE of Appearance by Lee Ross Crain on behalf of JULIAN E. BARNES, THE NEW YORK TIMES COMPANY (Crain, Lee) (Entered: 12/04/2025)

NOTICE of Appearance by KatieLynn Boyd Townsend on behalf of JULIAN E. BARNES, THE NEW YORK TIMES COMPANY (Townsend, KatieLynn) (Entered: 12/04/2025)

SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 12/04/2025)

1 Notice and Consent

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Susan M. Pelletier, Filing fee $ 100, receipt number ADCDC-12115912. Fee Status: Fee Paid. by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Attachments: # 1 Declaration of Susan M. Pelletier in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit B - District of Columbia Certificate of Good Standing, # 3 Text of Proposed Order for Admission Pro Hac Vice of Susan M. Pelletier)(Boutrous, Theodore) (Entered: 12/04/2025)

Case Assigned/Reassigned

Case Assigned to Judge Paul L. Friedman. (zhcn)

NOTICE of Appearance by Michael Benjamin Bruns on behalf of All Defendants (Bruns, Michael) (Entered: 12/05/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Paul L. Friedman on December 5, 2025. (lcao)

Joint MOTION for Briefing Schedule / JOINT MOTION FOR ENTRY OF A BRIEFING SCHEDULE FOR EXPEDITED SUMMARY JUDGMENT AND OTHER RELATED RELIEF by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Boutrous, Theodore) (Entered: 12/17/2025)

NOTICE of Production of Administrative Record by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL (Attachments: # 1 Affidavit certifying AR, # 2 Exhibit AR Index)(Bruns, Michael) (Entered: 12/23/2025)

1 Affidavit certifying AR

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2 Exhibit AR Index

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.Order

MINUTE ORDER granting the parties' 8 Joint Motion for Entry of a Briefing Schedule. Defendants shall serve the administrative record on plaintiffs on or before December 23, 2025. Plaintiffs shall file their motion for summary judgment on or before January 5, 2026. Plaintiff-side amicus briefs, if any, shall be filed on or before January 15, 2026. Defendants shall file their response and cross-motion for summary judgment on or before January 30, 2026. Defendant-side amicus briefs, if any, shall be filed on or before February 10, 2026. Plaintiffs shall file their response and reply on or before February 18, 2026. Defendants shall file their reply on or before February 27, 2026. Defendants' deadline to answer the complaint shall be extended until 21 days after the Court rules on the parties' cross-motions for summary judgment. The Court dispenses with the requirement that the parties appear for a Rule 26(f) conference. Signed by Judge Paul L. Friedman on December 23, 2025. (lcao)

MINUTE ORDER: it is hereby ORDERED that the parties shall appear for oral argument on their cross-motions for summary judgment at 10:00 a.m. on Friday, March 6, 2026, in Courtroom 29 in the William B. Bryant Annex to the E. Barrett Prettyman Courthouse at 333 Constitution Avenue N.W., Washington, D.C. 20001. SO ORDERED. Signed by Judge Paul L. Friedman on December 23, 2025. (lcao)

Order

Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: Amicus Brief due by 1/15/2026. Summary Judgment motions due by 1/5/2026. Response to Motion for Summary Judgment due by 1/30/2026. Reply to Motion for Summary Judgment due by 2/18/2026. Cross Motions due by 1/30/2026. Response to Cross Motions due by 2/18/2026. Reply to Cross Motions due by 2/27/2026. Motion Hearing set for 3/6/2026 at 10:00 AM in Courtroom 29A- In Person before Judge Paul L. Friedman. (tj)

MOTION for Summary Judgment and Declaratory and Permanent Injunctive Relief by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Julian E. Barnes, # 4 Declaration of Robert Burns, # 5 Declaration of Richard W. Stevenson, # 6 Declaration of Pete Williams, # 7 Exhibit A, # 8 Declaration of Theodore J.Boutrous, Jr., # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 8, # 17 Exhibit 9, # 18 Exhibit 10, # 19 Exhibit 11, # 20 Exhibit 12, # 21 Exhibit 13, # 22 Exhibit 14, # 23 Exhibit 15, # 24 Exhibit 16, # 25 Exhibit 17, # 26 Exhibit 18, # 27 Exhibit 19, # 28 Exhibit 20, # 29 Exhibit 21, # 30 Exhibit 22, # 31 Exhibit 23, # 32 Exhibit 24, # 33 Exhibit 25, # 34 Exhibit 26, # 35 Exhibit 27, # 36 Statement of Facts)(Boutrous, Theodore) Modified on 1/7/2026, sealed exhibit pursuant to Theodore Boutrous (mg). (Entered: 01/05/2026)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Declaration of Julian E. Barnes

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4 Declaration of Robert Burns

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5 Declaration of Richard W. Stevenson

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6 Declaration of Pete Williams

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7 Exhibit A

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8 Declaration of Theodore J.Boutrous, Jr.

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9 Exhibit 1

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10 Exhibit 2

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11 Exhibit 3

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12 Exhibit 4

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13 Exhibit 5

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14 Exhibit 6

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15 Exhibit 7

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16 Exhibit 8

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17 Exhibit 9

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18 Exhibit 10

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19 Exhibit 11

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20 Exhibit 12

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21 Exhibit 13

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22 Exhibit 14

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23 Exhibit 15

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24 Exhibit 16

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25 Exhibit 17

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26 Exhibit 18

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27 Exhibit 19

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28 Exhibit 20

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29 Exhibit 21

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30 Exhibit 22

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31 Exhibit 23

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32 Exhibit 24

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33 Exhibit 25

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34 Exhibit 26

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35 Exhibit 27

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36 Statement of Facts

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NOTICE of Appearance by Susan Pelletier on behalf of JULIAN E. BARNES, NEW YORK TIMES COMPANY (Pelletier, Susan) (Entered: 01/06/2026)

DECLARATION of Pete Williams in Support of Motion for Summary Judgment and Declaratory and Permanent Injunctive Relief by JULIAN E. BARNES, NEW YORK TIMES COMPANY re 10 MOTION for Summary Judgment and Declaratory and Permanent Injunctive Relief. (Attachments: # 1 Exhibit A [Redacted])(Boutrous, Theodore) (Entered: 01/07/2026)

1 Exhibit A [Redacted]

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AMICUS BRIEF in support of plaintiff's motion for summary judgment by STATE OF NEW YORK. (Murdukhayeva, Ester) (Entered: 01/15/2026)

NOTICE of Appearance by David A. Schulz on behalf of Pentagon Press Association (Schulz, David) (Entered: 01/15/2026)

Unopposed MOTION for Leave to File Amicus Brief by Pentagon Press Association. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit Text of Proposed Order)(Schulz, David) (Entered: 01/15/2026)

NOTICE of Appearance by Bruce D. Brown on behalf of The Reporters Committee for Freedom of the Press, The Reporters Committee for Freedom of the Press and 23 Other Media Organizations (Brown, Bruce) (Entered: 01/15/2026)

Consent MOTION for Leave to File Amicus Brief by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Memorandum in Support Proposed Amici Curiae Brief)(Brown, Bruce) (Entered: 01/15/2026)

Consent MOTION for Leave to File Amicus Briefin Support of Plaintiffs by AMERICAN CIVIL LIBERTIES UNION OF THE DISTRICT OF COLUMBIA, AMERICAN CIVIL LIBERTIES UNION. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Michelman, Scott) (Entered: 01/15/2026)

Order on Motion for Leave to File Amicus Brief

MINUTE ORDER granting the Pentagon Press Association's 15 Unopposed Motion for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Summary Judgment. The Clerk of Court is directed to file on the docket the Proposed Amicus Brief that is attached to the motion [15-1]. Signed by Judge Paul L. Friedman on January 16, 2026. (lcao)

MINUTE ORDER granting the Reporters Committee for Freedom of the Press and 23 Other Media Organizations' 17 Consent Motion for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Summary Judgment. The Clerk of Court is directed to file on the docket the Proposed Amicus Brief that is attached to amici's motion [17-1]. Signed by Judge Paul L. Friedman on January 16, 2026. (lcao)

MINUTE ORDER granting the American Civil Liberties Union and the American Civil Liberties Union of the District of Columbia's 18 Consent Motion for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Summary Judgment. The Clerk of Court is directed to file on the docket the Proposed Amicus Brief that is attached to amici's motion [18-1]. Signed by Judge Paul L. Friedman on January 16, 2026. (lcao)

AMICUS BRIEF by PENTAGON PRESS ASSOCIATION. (zjm) (Entered: 01/26/2026)

AMICUS BRIEF by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (zjm) (Entered: 01/26/2026)

AMICUS BRIEF by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF THE DISTRICT OF COLUMBIA. (zjm) (Entered: 01/26/2026)

Cross MOTION for Summary Judgment by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Bruns, Michael) (Entered: 01/30/2026)

Memorandum in opposition to re 10 MOTION for Summary Judgment and Declaratory and Permanent Injunctive Relief MOTION for Permanent Injunction filed by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL. (Bruns, Michael) (Entered: 01/30/2026)

Memorandum in opposition to re 22 Cross MOTION for Summary Judgment filed by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Attachments: # 1 Declaration /Supplemental Declaration of Theodore J. Boutrous, Jr. in Opposition to Defendants' Cross-Motion for Summary Judgment, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Boutrous, Theodore) (Entered: 02/18/2026)

1 Declaration /Supplemental Declaration of Theodore J. Boutrous, Jr. in Oppositio

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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REPLY to opposition to motion re 10 Motion for Summary Judgment,,,,, Motion for Permanent Injunction,,,, filed by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Boutrous, Theodore) (Entered: 02/18/2026)

ORDER directing parties to file a joint report on or before March 4, 2026. See Order for details. Signed by Judge Paul L. Friedman on February 23, 2026. (lccm) (Entered: 02/23/2026)

Set/Reset Deadlines

Set/Reset Deadlines: Joint Report due by 3/4/2026. (tj)

REPLY to opposition to motion re 22 Motion for Summary Judgment filed by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL. (Attachments: # 1 Declaration of Christopher C. Garver)(Bruns, Michael) (Entered: 02/27/2026)

1 Declaration of Christopher C. Garver

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Joint STATUS REPORT re: March 6, 2026 Hearing on Cross-Motion for Summary Judgment [ECF. 26] by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Boutrous, Theodore) (Entered: 03/03/2026)

MINUTE ORDER: the Court will connect the public-access telephone line for the motions hearing scheduled for March 6, 2026 at 10:00 a.m. Any member of the public or media may access the public-access line by dialing (833) 990-9400 and using meeting ID 492497252. As a reminder, any use of the public-access telephone line requires adherence to the general prohibition against recording, livestreaming, and rebroadcasting of court proceedings (including those held by videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. Signed by Judge Paul L. Friedman on March 3, 2026. (lccm)

.Order

JOINT APPENDIX pursuant to LCvR 7 by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Boutrous, Theodore) (Entered: 03/04/2026)

MINUTE ORDER: The Court adopts the proposal for the March 6, 2026 hearing on the parties' cross-motions for summary judgment outlined in the parties' 28 Joint Status Report. Signed by Judge Paul L. Friedman on March 5, 2026. (lccm)

.Order

Minute Entry for Motions Hearing held on 3/6/2026 before Judge Paul L. Friedman: The matter was before the court on the parties' cross-motions for summary judgment. Theodore J. Boutrous, Jr., KatieLynn B. Townsend, and Susan Pelletier present on behalf of Plaintiffs. David A. Schulz present on behalf of Pentagon Press Association. Michael B. Bruns and Timothy Parlatore present on behalf of Defendants. The matters were fully briefed, argued, and taken under advisement. As stated from the bench, the parties shall file revised proposed orders of relief by the end of day, Monday, March 9, 2026. (Court Reporter Lorraine Herman)(mhp)

1 - Terminate Motion and R&R Deadlines/Hearings AND 1 - Terminate Scheduling Order Deadlines AND 1 - Terminate Trial Management Order Deadlines AND Motion Hearing

NOTICE of Proposed Order by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL re Motion Hearing,,, Terminate Motion and R&R Deadlines/Hearings,,, Terminate Scheduling Order Deadlines,,, Terminate Trial Management Order Deadlines,, (Bruns, Michael) (Entered: 03/09/2026)

NOTICE of Proposed Order / FILING OF REVISED PROPOSED ORDER by JULIAN E. BARNES, NEW YORK TIMES COMPANY (Attachments: # 1 Text of Proposed Order - Revised Proposed Order, # 2 Addendum A)(Boutrous, Theodore) (Entered: 03/09/2026)

1 Text of Proposed Order - Revised Proposed Order

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2 Addendum A

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NOTICE of Clarification Regarding Statements Made at Oral Argument by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL (Bruns, Michael) (Entered: 03/12/2026)

RESPONSE re 32 Notice (Other) /Plaintiffs' Response to Defendants' "Notice of Clarification" filed by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Boutrous, Theodore) (Entered: 03/13/2026)

ORDER granting plaintiffs' 10 Motion for Summary Judgment and denying defendants' 22 Cross Motion for Summary Judgment. Defendants shall file a status report on or before March 27, 2026. See Order for details. Signed by Judge Paul L. Friedman on March 20, 2026. (lccm) (Entered: 03/20/2026)

OPINION granting plaintiffs' 10 Motion for Summary Judgment and denying defendants' 22 Cross Motion for Summary Judgment. Defendants shall file a status report on or before March 27, 2026. See Opinion for details. Signed by Judge Paul L. Friedman on March 20, 2026. (lccm) (Entered: 03/20/2026)

TRANSCRIPT OF MOTION HEARING PROCEEDINGS before Judge Paul L. Friedman, held on March 6, 2026. Page Numbers: 1-72. Date of Issuance: March 23, 2026. Court Reporter: Lorraine Herman. Email: Lorraine_Herman@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/13/2026. Redacted Transcript Deadline set for 4/23/2026. Release of Transcript Restriction set for 6/21/2026.(Herman, Lorraine) Modified to correct judge on 3/23/2026 (znmw). (Entered: 03/23/2026)

Set/Reset Deadlines

Set/Reset Deadlines: Status Report due by 3/27/2026 (tj)

MOTION to Compel Compliance with the Court's Order by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Attachments: # 1 Declaration // Second Supplemental Declaration of Theodore J. Boutrous, Jr., # 2 Exhibit 1 - Interim PFAC Policy, # 3 Exhibit 2 - Redline of Interim PFAC Policy, # 4 Exhibit 3 - 3/20/2026 MFIA Letter to AUSA, # 5 Exhibit 4 - 3/21/2026 NYT letter to AUSA, # 6 Exhibit 5 - 3/23/2026 Parlatore Email to NYT, # 7 Exhibit 6 - 3/23/2026 NYT Article, # 8 Exhibit 7 - 3/23/2026 Parnell Tweet, # 9 Exhibit 8 - 3/24/2026 Boutrous Email to Parlatore)(Boutrous, Theodore) (Entered: 03/24/2026)

1 Declaration // Second Supplemental Declaration of Theodore J. Boutrous, Jr.

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2 Exhibit 1 - Interim PFAC Policy

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3 Exhibit 2 - Redline of Interim PFAC Policy

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4 Exhibit 3 - 3/20/2026 MFIA Letter to AUSA

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5 Exhibit 4 - 3/21/2026 NYT letter to AUSA

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6 Exhibit 5 - 3/23/2026 Parlatore Email to NYT

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7 Exhibit 6 - 3/23/2026 NYT Article

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8 Exhibit 7 - 3/23/2026 Parnell Tweet

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9 Exhibit 8 - 3/24/2026 Boutrous Email to Parlatore

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Consent MOTION for Leave to File Amicus Brief by PENTAGON PRESS ASSOCIATION. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(Schulz, David) (Entered: 03/25/2026)

1 Exhibit Proposed Amicus Brief

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2 Text of Proposed Order

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Defendants shall respond to Plaintiffs' 37 Motion to Compel on or before 12:00 p.m. on Friday, March 27, 2026. The parties shall appear for a hearing on Plaintiffs' Motion to Compel at 9:30 a.m. on Monday, March 30, 2026, in Courtroom 29 in the William B. Bryant Annex to the E. Barrett Prettyman Courthouse at 333 Constitution Avenue N.W., Washington, D.C. 20001. Signed by Judge Paul L. Friedman on March 25, 2026.(lccm)

MINUTE ORDER: Defendants shall respond to Plaintiffs' 37 Motion to Compel on or before 12:00 p.m. on Friday, March 27, 2026. The parties shall appear for a hearing on Plaintiffs' Motion to Compel at 9:30 a.m. on Monday, March 30, 2026, in Courtroom 29 in the William B. Bryant Annex to the E. Barrett Prettyman Courthouse at 333 Constitution Avenue N.W., Washington, D.C. 20001. Signed by Judge Paul L. Friedman on March 25, 2026.(lccm)

.Order

Set/Reset Hearings: Motion Hearing set for 3/30/2026 at 09:30 AM in Courtroom 29A- In Person before Judge Paul L. Friedman. (tj)

Set/Reset Hearings

Order on Motion for Leave to File Amicus Brief

MINUTE ORDER granting the Pentagon Press Association's 38 Consent Motion for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion to Compel Compliance. The Clerk of Court is directed to file on the docket the Proposed Amicus Brief that is attached to the motion [38-1]. Signed by Judge Paul L. Friedman on March 25, 2026. (lccm)

AMICUS BRIEF [CORRECTED] by PENTAGON PRESS ASSOCIATION. (Schulz, David) (Entered: 03/26/2026)

ENTERED IN ERROR.....TRANSCRIPT OF MOTION HEARING PROCEEDINGS before Judge Ana C. Reyes, held on March 23, 2026. Page Numbers: 1-25. Date of Issuance: March 26, 2026. Court Reporter: Lorraine T. Herman. EMAIL: lorraine_herman@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/16/2026. Redacted Transcript Deadline set for 4/26/2026. Release of Transcript Restriction set for 6/24/2026.(Herman, Lorraine) Modified on 3/26/2026; filed in wrong case (znmw). (Entered: 03/26/2026)

.Order

Transcript

MINUTE ORDER: The Court will connect the public-access telephone line for the hearing now scheduled for March 30, 2026 at 9:30 a.m. Any member of the public or media may access the public-access line by dialing (833) 990-9400 and using meeting ID 492497252. As a reminder, any use of the public-access telephone line requires adherence to the general prohibition against recording, livestreaming, and rebroadcasting of court proceedings (including those held by videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. Signed by Judge Paul L. Friedman on March 26, 2026.(lccm)

RESPONSE re 37 MOTION to Compel Compliance with the Court's Order filed by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL. (Attachments: # 1 Affidavit of Michael Bruns, # 2 Exhibit A, # 3 Affidavit of Joel Manuel Valdez)(Bruns, Michael) (Entered: 03/27/2026)

1 Affidavit of Michael Bruns

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2 Exhibit A

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3 Affidavit of Joel Manuel Valdez

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NOTICE of Appearance by Sarah Welch on behalf of All Defendants (Welch, Sarah) (Entered: 03/27/2026)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit A Redacted)(Bruns, Michael) (Entered: 03/27/2026)

SEALED DOCUMENT - Exhibit filed by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL. re 41 Response to motion,. (This document is SEALED and only available to authorized persons.)(zjm) (Entered: 04/09/2026)

REPLY to opposition to motion re 37 Motion to Compel,, Compliance with the Court's Order filed by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Attachments: # 1 Declaration of Julian E. Barnes in Support of Plaintiffs' Motion to Compel Compliance with the Court's Order)(Boutrous, Theodore) (Entered: 03/29/2026)

1 Declaration of Julian E. Barnes in Support of Plaintiffs' Motion to Compel

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Motion Hearing

Minute Entry for proceedings held before Judge Paul L. Friedman: Motion Hearing held on 3/30/2026 re 37 MOTION to Compel Compliance with the Court's Order filed by JULIAN E. BARNES and NEW YORK TIMES COMPANY. Oral argument heard, and the court takes the motion under advisement. For reasons stated on the record, the government shall file a declaration by the end of the day on Tuesday, March 31, 2026. (Court Reporter: Rebecca Monroe.) (tj)

DECLARATION // Second Supplemental Declaration of Julian E. Barnes by JULIAN E. BARNES, NEW YORK TIMES COMPANY re 37 MOTION to Compel Compliance with the Court's Order. (Boutrous, Theodore) (Entered: 03/31/2026)

DECLARATION of Joel Manuel Valdez, Supplemental by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL re Motion Hearing,. (Attachments: # 1 Exhibit A)(Bruns, Michael) (Entered: 03/31/2026)

1 Exhibit A

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NOTICE of Proposed Order by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL re 41 Response to motion, (Bruns, Michael) (Entered: 04/02/2026)

MOTION for Leave to File a Post-Hearing Brief in Support of Plaintiffs' Motion to Compel Compliance with the Court's Order by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Attachments: # 1 Post-Hearing Brief, # 2 Declaration - Third Supplemental Declaration of Julian E. Barnes)(Boutrous, Theodore) (Entered: 04/02/2026)

1 Post-Hearing Brief

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2 Declaration - Third Supplemental Declaration of Julian E. Barnes

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NOTICE of Proposed Order by JULIAN E. BARNES, NEW YORK TIMES COMPANY re 37 MOTION to Compel Compliance with the Court's Order (Boutrous, Theodore) (Entered: 04/02/2026)

TRANSCRIPT OF PROCEEDINGS before Judge Paul L. Friedman held on 3/30/26 - morning session; Page Numbers: 1 - 61. Date of Issuance:April 3, 2026. Court Reporter: Rebecca Monroe, email: rebecca_monroe@dcd.uscourts.gov, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/24/2026. Redacted Transcript Deadline set for 5/4/2026. Release of Transcript Restriction set for 7/2/2026.(Monroe, Rebecca) (Entered: 04/03/2026)

MEMORANDUM - Post Hearing Brief re 37 MOTION to Compel Compliance with the Court's Order by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (zjm) (Entered: 04/09/2026)

Order on Motion for Leave to File

MINUTE ORDER granting Plaintiffs' 48 Motion for Leave to File a Post-Hearing Brief in Support of Plaintiffs' Motion to Compel Compliance with the Court's Order. The Clerk of Court is directed to file on the docket the Post-Hearing Brief that is attached to the Motion [48-1]. Defendants may file a responsive brief of up to five pages on or before April 6, 2026. Signed by Judge Paul L. Friedman on April 3, 2026.(lccm)

REPLY re 48 MOTION for Leave to File a Post-Hearing Brief in Support of Plaintiffs' Motion to Compel Compliance with the Court's Order filed by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL. (Attachments: # 1 Affidavit Second Supplemental Declaration of Joel Valdez)(Bruns, Michael) (Entered: 04/06/2026)

1 Affidavit Second Supplemental Declaration of Joel Valdez

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ORDER granting 37 Plaintiffs' Motion to Compel. Defendants shall file a status report on or before April 16, 2026. See Order for details. Signed by Judge Paul L. Friedman on April 9, 2026. (lccm) (Entered: 04/09/2026)

OPINION granting 37 Plaintiffs' Motion to Compel. Defendants shall file a status report on or before April 16, 2026. See Opinion for details. Signed by Judge Paul L. Friedman on April 9, 2026. (lccm) (Entered: 04/09/2026)

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 54 Order, Memorandum & Opinion, 34 Order,, Memorandum & Opinion, by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL. Fee Status: No Fee Paid. (Bruns, Michael) (Entered: 04/10/2026)

Transmission of the Notice of Appeal, Order Appealed ( Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 56 Notice of Appeal to DC Circuit Court. (zjm) (Entered: 04/10/2026)

MOTION to Stay re 54 Order, Memorandum & Opinion, 34 Order,, Memorandum & Opinion, pending appeal by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL. (Attachments: # 1 Affidavit of Kingsley Wilson)(Bruns, Michael) (Entered: 04/10/2026)

1 Affidavit of Kingsley Wilson

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USCA Case Number 26-5113 for 56 Notice of Appeal to DC Circuit Court filed by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL. (zjm)

ORDER granting in part and denying in part defendants' 58 Motion to Stay Pending Appeal. See Order for details. Signed by Judge Paul L. Friedman on April 13, 2026. (lccm) (Entered: 04/13/2026)

USCA Case Number 26-5113 for 56 Notice of Appeal to DC Circuit Court filed by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL. (zjm)