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‘What’s going on?’: US judge calls aspects of new Pentagon press policy ‘weird’
Federal judge Paul Friedman seemed skeptical of the new press policy implemented by the Pentagon last week, calling aspects of it “weird” and Kafkaesque.
Friedman struck down key aspects of the previously implemented Pentagon media policy on 20 March, but at the latest hearing on Monday stopped short of ruling on a motion filed by the New York Times to force compliance of his decision.
Friedman was particularly skeptical about the ways in which press space was being provided to the seven New York Times reporters, whom he previously ruled should have their press access badges returned.
The Times, along with dozens of other news organizations, chose not to sign the new restrictions implemented by the Pentagon last fall and returned their long-held passes. The Times sued the Trump administration over the policy.
Julian Barnes, one of the Times reporters at issue, had attested that he was told that library space was available for the journalists to use while the Pentagon built out a new space on the Pentagon grounds for all credentialed media workers to use. But, he wrote in a statement, “the Pentagon Press Office staff indicated that they were unsure how we could access the library.”
“How weird is that?” Friedman, a district court judge, said on Monday. “Is it catch-22? Is it Kafka? What’s going on? That hardly seems consistent with right of access and the first amendment.” (Lawyers for the government responded that a decision had been made to allow the Times reporters to use a Pentagon shuttle to reach the library.)
Theodore J Boutrous Jr, a lawyer representing the Times, charged that the administration was “brazenly, blatantly flouting the court’s order” by announcing the closure of the press space known as Correspondents’ Corridor and by creating a new policy that requires journalists to be escorted around the building by a Pentagon staff member.
“Nothing will stop them,” he said. “Not a court order. Not an injunction.”
With the new requirement requiring escorts, Boutrous said Pentagon press credentials were now “worthless”.
“They’ve made the press credentials that we fought so hard to get back a meaningless piece of plastic,” he added. “They’ve violated the first amendment.”
As he had during a previous hearing, the judge expressed alarm that journalists could be penalized for asking questions of military officials, which he said they had the right to do – and that a Pentagon employee could simply decline to answer.
The new policy includes language stating that, by offering anonymity to a Pentagon employee, a journalist would be demonstrating knowledge that the employee was not authorized to disclose the information, thereby putting their press pass at risk.
But the judge seemed skeptical that a source using anonymity suggested that they were leaking classified information. “Aren’t there lots of reasons why people in government ask for anonymity?” he asked. “People ask for anonymity because they’re afraid of retribution” or “because their bosses won’t like it”, he said, suggesting that it could create a “chilling effect”.
Timothy Parlatore, who played a central role in designing the revamped press restrictions announced last fall, told reporters after the hearing that the new restrictions didn’t bar questions – but prevented journalists from trying to force reluctant staffers to reveal information after they had indicated they would not do so.
“What we’re talking about here are when they go to department employees and they say: ‘Hey, can you tell me about this?’ And the employee’s like: ‘No, I don’t want to talk to you.’ And they say: ‘Well, what if I give you anonymity? Will you talk to me then?’ Then they’re trying to get somebody to talk who’s already said that they don’t want to talk,” he said.
He also said that the Pentagon did not plan to go through articles and try to determine who the anonymous sources were – but would act if an employee conveyed that a reporter had asked them to disclose classified information, something that would be barred under the language of the new policy. “Anytime a person with a security clearance has somebody that approaches them to try to solicit that information, they’re supposed to report that,” he said.
Parlatore, asked about the judge’s invocation of the Joseph Heller novel Catch-22, said it was based on “creative misinterpretations by the New York Times lawyers” and “a fictional interpretation of the policy”.
The goal of the press policy, Parlatore said, was to reduce leaks of classified information. “There was a significant amount of leaks of classified information and that was something that the department has an obligation, a statutory obligation, to try to stop,” he said.
Parlatore claimed that the policy had already paid dividends in a decrease of leaked classified information.
At the end of the hearing, the judge asked a lawyer for the government, Sarah Welch, to submit – by the end of the day – a brief explaining the case law basis for creating a new press policy in response to a court order striking down the crux of the previous policy.
Amid the US war on Iran, “time is of the essence”, Boutrous, the Times lawyer, said. “There is a war going on and the American people are being shut down from information.”
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California’s primary for governor is undecided as candidates vie to be in the top two
Xavier Becerra, Democratic gubernatorial candidate for California, and Steve Hilton, Republican gubernatorial candidate for California, shake hands while arriving for a gubernatorial debate at KRON Studios in San Francisco in April.
Jason Henry/Getty Images North America
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Jason Henry/Getty Images North America
SAN FRANCISCO — The primary election for California governor is too close to call, with vote counting continuing Wednesday. Democrat Xavier Becerra and Republican business executive Steve Hilton lead the field with Democrat Tom Steyer in third place.
In California’s unusual primary system, all candidates, regardless of party, appear on a single ballot open to any registered voter. The top two candidates then move on to the general election, even if they’re from the same party. This year, voters had 60 names for governor to choose from.
The winner will lead the country’s most populous state, where leaders often take on national political prominence. Incumbent Gov. Gavin Newsom is at his two-term limit and could be a Democratic contender for president.
Becerra, former Health and Human Services secretary under President Joe Biden, pitched himself to voters as an experienced political leader who isn’t afraid of President Trump, but his lead caps one of the most surprising and dramatic comebacks in recent state political history. As recently as April, polls were showing Becerra — also a former member of Congress and California attorney general — languishing in single digits in a crowded field.
In his remarks at his watch party in Los Angeles, Becerra noted his underdog status.
“Here in Hollywood’s hometown, we love a good underdog success story,” he said, drawing parallels between his campaign and his immigrant parents’ success story in California. “Guess what? The underdog stayed in the fight. Like my parents, I never gave up. Never stopped putting one foot in front of the other. Never stopped believing in the beacon-like goodness of California. And thankfully, neither did you.”
Hilton is a former Fox News commentator who also served as a political adviser to former British Prime Minister David Cameron. He was endorsed by President Trump in April, helping him to pull ahead of Riverside County Sheriff Chad Bianco, the other major Republican in the race. Hilton has campaigned on the idea that California needs change after 16 years under total Democratic control.
The race is narrowing down after a tumultuous campaign
At his watch party in Huntington Beach, the British-born candidate — who became an American citizen five years ago — said it was the “honor of his lifetime” to receive over 1 million votes so far.
“Change is coming to California and it’s long overdue,” Hilton said. “We’re not there yet, but it’s looking good. It looks very much as if Californians really will have the chance to vote for change in November and take our state in a new direction.”
Democratic billionaire activist Steyer spent more than $213 million of his own money to boost his candidacy and push a progressive, populist message. While he was trailing Becerra and Hilton on Tuesday night, he said at his watch party in San Francisco that he remains confident he can close the gap in the days ahead.
“Together, we’ve scared the hell out of the corporate interests used to getting their way,” Steyer said. “It might take some time to figure out where this is going. We’re going to wait until every ballot is counted. We’re gonna give democracy a time to work. And we know we finished really strong.”
The early results are not certain to hold, in part because of unusual voting patterns in this primary election: Ballot-tracking data heading into Tuesday evening showed that Republicans were more likely to vote early by mail, while Democratic voters in this deep-blue state held onto their mail-in ballots or chose to vote in person. That’s the reverse of recent elections, which saw more Democrats voting by mail and Republicans tending to vote in person on Election Day.
The uncertainty on election night capped a race that remained crowded and unsettled to the end. To some extent, the race was defined by who wasn’t running.
Some of the state’s most high-profile Democrats — former Vice President Kamala Harris, U.S. Sen. Alex Padilla and California Attorney General Rob Bonta — all passed on a potential bid to succeed Newsom.
The race was disrupted in April when then-U.S. Rep. Eric Swalwell’s campaign for governor imploded amid allegations of sexual assault and harassment. Swalwell resigned from Congress shortly after the accusations surfaced and has denied assault allegations.
Swalwell had been gaining in polls and racking up high-profile endorsements, and his exit seemed to primarily benefit Becerra, who had been stuck in single digits in many polls. Ultimately, it quieted fears among Democrats who worried that the messy Democratic field could result in Bianco and Hilton winning the top spots in the June primary.
Marisa Lagos covers California politics at KQED and co-hosts the Political Breakdown show and podcast.
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Supreme Court reinstates Republican-favored Alabama congressional districts
The U.S. Supreme Court
Tasos Katopodis/Getty Images
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The Supreme Court on Tuesday cleared the way for Alabama to use a congressional district map favored by Republicans.
The court, in an unsigned order, overturned a three-judge district court panel that found that the map is “tainted by intentional race-based discrimination.” The court’s three liberals publicly dissented.
The ruling means that Alabama’s 2026 midterm elections will feature six Republican-leaning districts and one Democratic-leaning one, as opposed to a map with only five safe Republican seats. Democrat Shomari Figures, who represents Alabama’s Second District, will likely lose his seat as a result of the high court’s ruling.
The story of Alabama’s congressional map is long and tortured. It began in 2021, when the state implemented a new map to account for population changes in the census. The map featured only one majority-black district out of seven, even though the state is more than one-quarter Black.
Voters immediately sued, claiming the map illegally diluted minority votes in violation of the Voting Rights Act and the Constitution. Lower court judges agreed, ruling that the state must draw a map with two districts where Black voters have a realistic chance of electing their candidate of choice. The Supreme Court more than once has ordered Alabama to draw a compliant map.
But the state has refused and instead continued to litigate the case. On Tuesday, that tactic paid off.
What changed? In April, the Supreme Court’s conservative supermajority all but gutted what remains of the Voting Rights Act, ruling that states cannot purposefully draw districts that are majority-minority.
Alabama then asked the high court to reinstate the state’s old map, under the theory that this new ruling meant that it was permissible to use a map with only one majority-Black district. In an unsigned, unexplained order in May, the high court essentially reversed its previous opinions, and allowed Alabama to use the old map for the upcoming midterm elections.
This set off a flurry of activity in Alabama. By the time the Supreme Court issued its May order, absentee balloting had already begun, using the court-drawn map. So Republican Governor Kay Ivey cancelled elections and scheduled a special primary for August for the affected congressional races.
The case, however, was not over.
In its ruling, the Supreme Court had ordered a lower court panel to continue evaluating Alabama’s map in light of its recent Voting Rights Act decision. And just 15 days after that order, the panel, composed of three Republican judges—two of them Trump appointees—concluded unanimously that even under the Supreme Court’s new standards, the plan for a single black district was “intentionally discriminatory.”
So, once again, Alabama returned to the Supreme Court, arguing that the map was partisan, not racially discriminatory. In short, that the Republican legislature simply drew the map to elect more Republicans. And that under the Supreme Court’s new interpretation of the Voting Rights Act, the GOP map should be allowed to stand.
The court’s conservative agreed, writing that the lower court “did not heed the presumption of legislative good faith.”
The court’s three liberals publicly dissented, castigating the conservative majority for failing to abide by its 2006 decision in the case of Purcell v. Gonzalez. That decision declared that courts should not change election rules too close to an election.
Justice Sonia Sotomayor, in her dissent, said the court “debases the democratic process” and “corrodes the rule of law by rewarding Alabama’s gamesmanship and outright defiance of court orders.”
Tuesday’s decision is the latest in a series of Supreme Court rulings that could well reshape the 2026 midterm elections, making it much harder for Democrats to prevail.
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Map: 3.7-Magnitude Earthquake Shakes the San Francisco Bay Area
Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown. The New York Times
A minor, 3.7-magnitude earthquake struck in the San Francisco Bay Area on Tuesday, according to the United States Geological Survey.
The temblor happened at 9:44 a.m. Pacific time about 4 miles southeast of Cloverdale, Calif., data from the agency shows.
U.S.G.S. data earlier reported that the magnitude was 3.6.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.
Aftershocks detected
Quakes and aftershocks within 100 miles
Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.
The New York Times When quakes and aftershocks occurred
Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Tuesday, June 2 at 12:59 p.m. Eastern. Aftershocks data is as of Tuesday, June 2 at 1:59 p.m. Eastern.
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