WASHINGTON — The lawyer who has repeatedly beaten Lumpy-Dumb-Dumb in First Amendment cases returned to Washington on Tuesday, apparently to remind the executive branch that the Constitution remains in effect between election cycles.
Ted Boutrous of Gibson Dunn & Crutcher filed a status report after the administration spent three days describing a temporary restraining order as "one judge's preferred outcome." The order directed the Pentagon to restore press credentials to news outlets that had used anonymous sources.
A Pentagon spokesperson said the department was not refusing to comply.
"We are executing the order in a manner consistent with our preferred timeline," said Deputy Press Secretary Marnie Halpern. "That timeline is currently paused while we determine whether the judge had the authority to say words."
The White House had announced a new credentialing policy barring CNN, Politico, and MSNBC from the Pentagon press room. Officials said the ban would take effect immediately. Boutrous filed a motion anyway. A federal judge granted a 14-day temporary restraining order.
The administration then announced that reporters could return, but only if they agreed to be escorted everywhere by a staffer with no knowledge of journalism.
Court filings called the escort rule "return with handcuffs." The Pentagon called it "enhanced access."
"All reporters are free to walk anywhere," Halpern said. "A staff member will walk with them to ensure they do not accidentally encounter news."
Boutrous challenged the rule. The judge agreed that the escort policy was not compliance. The judge ordered the Pentagon to remove the requirement by noon Monday. The Pentagon removed the requirement at noon on Tuesday. A spokesperson cited a slight delay in interpreting "noon."
At a press conference, White House Press Secretary Karoline Leavitt said the president had "no position on pending litigation." She then told reporters to "focus on the positives, which we will identify for you."
The administration also unveiled a new credentialing office, the Bureau of Acceptable Sourcing. Under its draft rules, any outlet that publishes negative reporting will be reclassified as "not a news organization." The bureau has no phone, no address, and no known employees. Officials called it "a routine efficiency."
Boutrous previously represented Jim Acosta after the first-term White House revoked Acosta's press pass. That case ended with a federal judge ruling that the White House had to restore the pass. The administration now calls that ruling a "legacy compliance item."
Halpern said the Pentagon had no record of the May 7 court order. She suggested it may have been "filed in a cabinet that has been repurposed for storage."
Boutrous returned to the courthouse Wednesday with a single sheet of paper. It was the First Amendment, printed in 72-point type.
He taped it to the door of the Pentagon press office.
