Pentagon Wins Court Permission to Fire Stars & Stripes Journalists

On Friday, U.S. District Judge Trevor McFadden issued a 24‑page opinion that essentially cleared the way for the Pentagon to fire three employees of the military‑funded newspaper Stars and Stripes. The judge rejected a bid by the paper’s publisher, editor‑in‑chief and a Middle East reporter to stay the terminations while their lawsuit proceeds.

The three journalists – publisher Max Lederer, editor‑in‑chief Erik Slavin and reporter Lara Korte – had received separation notices in August and were placed on administrative leave after the Pentagon alleged they were insubordinate. The allegations, the judge said, appear to be tied to interviews the pair gave to CBS News for a segment that aired on “CBS Sunday Morning” in July.

During that interview, Korte emphasized that she worked for Stars and Stripes, not “for the Pentagon, not for any administration, not for any policymaker.” The judge later concluded that, given the context, the journalists were speaking as part of their official duties, not merely as private citizens.

Adding another layer of controversy, the firings came just days after Stars and Stripes published a story flagging mental‑health strains, as well as food and water shortages, aboard the USS Abraham Lincoln after a nine‑month deployment. The newspaper’s staff argued that the timing suggested retaliation.

When the lawsuit was first filed, Lederer told Pentagon officials to issue the separation notices to Slavin and Korte. He then tried to resign, but before his resignation could be processed, he was terminated as well.

In court, attorney Taryn Wilgus Null argued that her clients were appearing as sources, not as reporters, and that they were discussing matters of public concern outside their normal job functions. “Government employees do not lose their First Amendment free‑speech rights,” she told the judge.

Justice Department lawyer Brett Covington countered that interviews with CBS were a routine part of the journalists’ roles, pointing out that the CBS segment was filmed at the Stars and Stripes newsroom with other staff visible in the background. He also quoted an email from Korte in which she wrote she would “rather eat glass” than let the government dictate what she could write – a vivid, if hyperbolic, expression of her frustration.

McFadden noted that both sides could point to precedent supporting their positions, but the record suggested the plaintiffs’ real grievance was being “victims of a cruel bait‑and‑switch” after giving pre‑approved interviews that largely echoed the newspaper’s line. He wrote that even if the scheme were improper, it did not clearly infringe the First Amendment.

The case now moves forward, with the three journalists set to continue their challenge in the courts. The decision has reignited debate over how independent a military‑funded outlet can truly be, especially when it tackles sensitive issues that the Pentagon might prefer to keep out of the public eye.