The Pentagon has agreed to pause the immediate firings of three Stars and Stripes employees for one week after the fired reporters and editors had sought a temporary restraining order to halt their removal.
U.S. District Judge for the District of Columbia Trevor Neil McFadden, a Trump appointee, told the federal court during a hearing on Friday that the Pentagon came to an agreement to grant a delay on the firing until Sept. 4, according to a Politico report confirmed to the Washington Examiner by Democracy Defenders Fund, which represents the plaintiffs. The agreement came after attorneys for the Stars and Stripes employees and Justice Department lawyers argued over whether a TRO would be justified in the case.
Stars and Stripes Publisher Max Lederer, Editor-in-Chief Erik Slavin, and reporter Lara Korte filed a lawsuit against the Pentagon on Thursday over their firing from the congressionally-funded news outlet. The employees of the editorially-independent outlet under the Department of War argued each of their terminations — made on the grounds of “insubordination” — violated the First Amendment.
Slavin and Korte say they were fired for telling CBS News that Stars and Stripes should stay independent from the War Department and any political influence, while Lederer refused to fire the two employees when Pentagon officials told him to do so.
When a CBS Sunday Morning reporter asked Slavin in an early July segment about any “red lines” he has when it comes to following Pentagon orders versus following the freedom of the press, Slavin answered, “Don’t run a perfectly accurate story, run this instead. Here it is, written by the Pentagon. That would be a red line.”
“I’m working for Stars and Stripes, not for the Pentagon, not for any administration, not for any policymaker. I’m here to cover the military community,” Korte also told CBS News in the news segment at the center of the lawsuit.
The Pentagon had placed Korte, Slavin, and Lederer on administrative leave. The Stars and Stripes employees’ lawyers had asked the court in the TRO to keep the three journalists on administrative leave and just stave off the termination, calling the TRO request “limited, unobtrusive, and sought to prevent further retaliatory actions that will irreparably chill the exercise of First Amendment rights.”
But, the Pentagon lawyers had initially argued that a TRO would be unjustified.
“In any event, if Plaintiffs prevail on the merits, they can be reinstated. Thus, any temporary deprivation of First Amendment rights (there is none) is outweighed by the government’s interests in maintaining the troop loyalty, discipline, and morale,” DOJ lawyer Brett Covington wrote in a Friday court filing.
STARS AND STRIPES EMPLOYEES SUE PENTAGON TO BLOCK FIRINGS FOR INSUBORDINATION
After McFadden asked the Pentagon for more time so he could consider the circumstances of the case, telling the courtroom, “I’ve only known about this for a couple hours,” according to Politico, the court took a recess, and McFadden then announced that the Pentagon would hold off on the firings for one week.
The Washington Examiner has reached out to the Department of Justice for comment.