In an unexpected twist, Mike Lindell, known for his controversial views on the 2020 election and as the CEO of MyPillow, has secured press access to the Pentagon, while The New York Times has been denied similar access. This development was highlighted in a federal lawsuit filed on Thursday, challenging Defense Secretary Pete Hegseth’s policy, which the lawsuit claims is “unconstitutional.”

Ted Boutrous, the lead attorney for The New York Times and known for his representation of Mary Trump and CNN, has filed a 40-page complaint arguing that Hegseth’s restrictions on media access violate the First Amendment. The lawsuit seeks to have this policy blocked and officially deemed unlawful.

The issue arises from a new Pentagon requirement that media entities must agree to “loyalty pledges,” which prevent them from reporting any unapproved information, even if it’s unclassified. In response, numerous journalists from established media outlets chose to relinquish their Pentagon credentials in October rather than adhere to the policy. This exodus was mirrored by several conservative media groups that also refused to comply, as the policy included potential expulsion and severe penalties for those who didn’t conform, labeling them as “security or safety risks.”

The lawsuit reveals that under Hegseth’s guidelines, Pentagon Facility Alternate Credentials (PFACs) provide the Defense Department with extensive authority to suspend or revoke a journalist’s access for engaging in legitimate newsgathering activities. The rules are criticized for lacking neutrality and reason, thereby giving the government unchecked power over press activities.

The lawsuit argues that such a policy represents “the kind of speech- and press-restrictive scheme” that higher courts have previously found to breach the First Amendment. It describes the new rules as a significant departure from traditional practices, causing “irreparable harm” to The New York Times, its journalists, and the broader public interest.

That Mike Lindell and other openly pro-Trump figures have access to the Pentagon in place of journalists who wouldn’t sign the so-called policy “Acknowledgment” says it all, the suit continued.

“While Plaintiffs and many other journalists and news organizations no longer possess PFACs because they refused to accede to a Policy that would restrict independent reporting, the Department has welcomed what it calls the ‘next generation of the Pentagon press corps’ — individuals and media outlets strongly supportive of the Trump administration and whose viewpoints the Department favors,” the complaint went on. “Among that group are Mike Lindell, the chief executive of MyPillow, who has promised to ‘make [the Administration] proud’ with his Pentagon coverage; Laura Loomer, an influential pro-Trump activist; and Raheem Kassam, editor in chief of the National Pulse, who described his publication as ‘basically an industry mag/site for MAGA world.’”

“These developments place the purpose and effect of the Policy in stark relief: to fundamentally restrict coverage of the Pentagon by independent journalists and news organizations, either by limiting what kind of information they can obtain and publish without incurring punishment, or by driving them out of the Pentagon with an unconstitutional Policy,” the lawsuit added.

Chief Pentagon Spokesman Sean Parnell, also a named defendant, reportedly said he and the Defense Department are “aware” of the lawsuit and “look forward to addressing these arguments in court.”

Read the complaint in full here.