Judge Trevor McFadden Refuses to Block Firing of Three Stars and Stripes Journalists

Since Sen. Jack Reed called for Defense Secretary Pete Hegseth's resignation on Sept. 1, citing the USS Abraham Lincoln's record-long deployment among other complaints, a federal judge has ruled on a related fight over who gets to report on that deployment.

U.S. District Judge Trevor McFadden decided Friday, Sept. 4, that the Pentagon can proceed with firing three Stars and Stripes staffers who sued over their terminations, according to CBS News and Courthouse News Service. McFadden denied a preliminary injunction sought by publisher Max Lederer, editor-in-chief Erik Slavin and Middle East reporter Lara Korte, finding in a 24-page opinion that they were unlikely to win their First Amendment claims.

What the Judge Found

The case centers on a July 5 interview Slavin and Korte gave to "CBS Sunday Morning" about the Pentagon's push to reshape Stars and Stripes, a military newspaper that has operated with editorial independence since World War I despite receiving Pentagon funding.

McFadden, a Trump appointee, wrote that "plaintiffs' own pleadings and the CBS News segment suggest that they spoke as part of their official duties and not as private citizens," according to The Hill. He compared the case to Foley v. Town of Randolph, a First Circuit ruling that let a fire chief be disciplined for public comments made in his official capacity, according to Courthouse News.

The judge was blunt about how he saw the situation. "Plaintiffs' real complaint seems to be that they were victims of a cruel bait-and-switch," he wrote, per CBS News. "They are being fired for giving pre-approved interviews on their paper's behalf in which they largely toed the company line. Whatever else such a scheme may violate, it does not clearly offend the First Amendment."

McFadden also said the outlet's editorial independence "is not at stake here," a line The Guardian's headline framing arguably undercuts when it describes the ruling as letting the Pentagon proceed "in exerting greater editorial control" over the paper. The judge's own reasoning was narrower: he ruled on whether the firings were retaliation for protected private speech, not on whether Pentagon policy changes threaten the paper's independence going forward.

Lederer's firing rested on separate grounds. He never gave the CBS interview, but he refused a direct order from Principal Deputy Assistant to the Secretary of Defense for Public Affairs Andrew Brey to hand separation notices to Slavin and Korte. McFadden said that refusal alone was sufficient grounds for termination, according to Courthouse News.

Timeline of the Firings

The firings followed an Aug. 11 Stars and Stripes story on food, water and mental health problems aboard the USS Abraham Lincoln during its extended deployment, according to CBS News. The next day, Brey ordered Lederer to fire Slavin and Korte over their CBS remarks, according to the Epoch Times' review of the complaint. Lederer instead announced his retirement on Aug. 17 and was fired before it took effect, with separation notices going out to all three in late August.

Taryn Wilgus Null, senior counsel at the Democracy Defenders Fund and attorney for the three plaintiffs, called the ruling disappointing but said the fight isn't over. "We fully expect to prevail after we have an opportunity to take discovery and all the facts are revealed," she told The Hill. She has argued the Pentagon's real goal was to "stop certain speech and keep employees in line," according to Courthouse News, noting Korte was reportedly told she could keep her job if she apologized for her CBS comments.

The strongest case the fired journalists have is that a preapproved interview became grounds for termination only after the paper published an unflattering story about a Navy ship, and that the timing looks like retaliation dressed up as a personnel violation. McFadden didn't dispute the timing. He just found that even if the motive was retaliatory, the speech itself wasn't protected because it came in an official capacity.

The Pentagon's Side

Chief Pentagon spokesman Sean Parnell has said publicly that the goal is to "modernize" Stars and Stripes and "refocus its content away from woke distractions," according to the Epoch Times. Breitbart reported that sources close to the situation described Lederer's 20-year tenure as troubled, and that newly appointed deputy publisher Capt. William Urban said in an open letter that Lederer ignored his reform proposals before announcing his retirement.

Stars and Stripes runs on a $27.4 million budget for fiscal year 2026, with 65% coming from taxpayers, according to Breitbart's reporting.

What's Still Pending

McFadden's ruling doesn't end the lawsuit. It only denies emergency relief while the case proceeds. Two related suits remain active: one filed in June by Pulitzer-winning advisory board members Susan Dardarian and William Church alleging illegal censorship, and another by former ombudsman Jacqueline Smith, who says she was fired over an opinion column, according to The Guardian.

The fired trio's attorneys are now weighing whether to appeal or proceed into discovery, where they'll get access to internal Pentagon communications about the decision to fire them. No trial date has been set.