A coalition of major news organizations is challenging as unconstitutional Pentagon rules that were used in May to ban four reporters from covering military commissions at Guantanamo Bay, Cuba.
In a letter to Pentagon General Counsel Jeh Johnson, the organizations argue that the Pentagon's interpretation of the rules is "plainly illegal'' because it bars publication of information considered "protected'' even if the information is already widely known and publicly available.
Such a restriction is "a 'classic example' of a prior restraint" that "the Supreme Court repeatedly has refused to allow . . . even in the name of national security," the organizations said. The organizations include McClatchy Newspapers, which owns The Miami Herald and 30 other newspapers, The Associated Press, Dow Jones & Co., The New York Times, Reuters and The Washington Post.
The Pentagon has agreed to lift the ban on the four reporters on Aug. 5. That, however, isn't enough, the organizations said, noting that the hearing the reporters were covering resumes on July 12.
The Pentagon, the organizations said, must lift the ban immediately so that the reporters can return and revise the 13 pages of rules that reporters are required to sign before covering military hearings for detainees held at Guantanamo.
Lawyers with the Department of Justice on Thursday agreed to unilaterally withdraw a series of subpoenas...
