Federal Communications Commission security officers have "adamantly denied" an allegation that they pinned a journalist against a wall, according to FCC Chairman Ajit Pai. The incident allegedly took place when the journalist tried to ask questions after last month's net neutrality vote. The chairman said the FCC's investigation into the incident revealed no "malicious intent" on the part of security guards, but Pai promised changes to prevent similar confrontations in the future.

The reporter who made the allegation stood by his account when contacted by Ars today.

Pai sent a letter last week to two Democratic senators who asked Pai to explain why FCC security personnel reportedly "manhandled, threatened further physical violence, and ejected a respected Washington journalist after a news conference at the FCC headquarters."

While Pai acknowledged that FCC security made some mistakes in the incident, he told senators that interviews with the security guards and witnesses did not corroborate all of the allegations made by CQ Roll Call reporter John Donnelly. Donnelly is chairman of the National Press Club's Press Freedom Team and president of the Military Reporters & Editors Association.

"We are aware that Mr. Donnelly has claimed that he was pinned against the wall of the hallway by the FCC's security personnel," Pai wrote. "Both of the FCC security ofﬁcers involved in this incident have adamantly denied this claim in interviews about this incident, and none of the five witnesses we have interviewed have corroborated Mr. Donnelly's version of events."

No video cameras are in the hallway outside the commission meeting room where the incident occurred, Pai wrote. Before the incident, "one of the Commission's security officers saw Mr. Donnelly attempting to enter a restricted area of the building, notwithstanding a sign clearly indicating that the area was not open to visitors." The officer asked Donnelly to return to the public area, Pai's letter said. Pai also called the physical contact with Donnelly inadvertent.

When contacted by Ars, Donnelly disputed several parts of Pai's letter. Donnelly gave us this statement:

I appreciate that Chairman Pai has offered an apology, but his version of the facts is inaccurate. I never attempted to enter a restricted area. That is false. Even if the guards had somehow convinced themselves that I was trying to enter a restricted area, that does not excuse what they did. As for the supposedly "inadvertent" physical contact with me: if it was an accident, then why didn't they say so then or apologize? When I asked them then and there why I was knocked backwards, the head of security, Frederick Bucher, did not deny doing so but instead asked me why I hadn't asked my question during the press conference. That tells you they knew I was a reporter and they felt justified in knocking me back. Lastly, Pai's denial that I was pinned against the wall is also wrong. I could not move for several seconds as they leaned into me.

No “malicious intent”

On May 18, the day of the vote to begin rolling back net neutrality rules, Donnelly tweeted that "FCC guards manhandled me, forced me out of building when I tried to ask [Pai and Commissioner Mike O'Rielly] questions." The National Press Club reported Donnelly's allegation that "two guards pinned Donnelly against the wall with the backs of their bodies until O'Rielly had passed."

The physical contact was an accident, Pai told senators:

One security officer was standing between Mr. Donnelly and Commissioner O'Rielly and was facing Mr. Donnelly. This security officer explained to Mr. Donnelly that Commissioner O'Rielly did not wish to answer questions outside of his press conference, and there was no physical contact between this security officer and Mr. Donnelly. A second security officer was between Mr. Donnelly and Commissioner O’Rielly but had his back to Mr. Donnelly. When Commissioner O’Rielly passed by, this security officer stepped back and backed into Mr. Donnelly. This physical contact was inadvertent. Nevertheless, it should not have occurred, the Commission has apologized [to Donnelly] for it, and, as noted herein, we are taking corrective action.

O'Rielly didn't know Donnelly was a reporter when the incident occurred, the letter said. A security officer later asked Donnelly to leave the building when Donnelly asked to see the FCC's public affairs officer, Pai's letter said.

"[F]ollowing the incident, Mr. Donnelly should not have been asked to leave the building. The Commission has apologized for these mistakes, has taken corrective steps, and is continuing to take steps to minimize the chances that they will happen again," Pai wrote.

There was "heightened potential for disruptive conduct" at the meeting on net neutrality, Pai wrote. There had been "several protests held outside of the FCC and the Chairman's residence" and "numerous threats directed towards the FCC... including death threats targeted specifically to one or more members of the Commission" in the time leading up to the meeting, he wrote.

The FCC's investigation into the incident neither showed that security guards "had any malicious intent nor that they intended to have any physical contact with Mr. Donnelly," Pai wrote. "Rather, their actions were intended to protect Commissioner O'Rielly."

Since the incident, the FCC has instructed security officers not to "physically engage anyone" that comes to a public meeting, "unless they are purposefully disrupting the meeting or they pose a threat to the safety of FCC employees."

Security guards have also been told that "reporters should not be asked to leave those areas of the FCC's headquarters that are open to the public," Pai wrote. "In sum, the FCC will work to avoid the circumstances of the security team's encounter with Mr. Donnelly in the future."

Senators still concerned

The senators who questioned Pai about the incident, Tom Udall (D-N.M.) and Maggie Hassan (D-N.H.), still have concerns after receiving his response.

Hassan said the following in a statement provided to Ars today:

I appreciate that Chairman Pai has acknowledged that the deeply troubling incident involving FCC security's mistreatment of a journalist following a recent press conference at FCC headquarters never should have happened. However, I do have concerns that the FCC continues to downplay the account of a respected Washington journalist.

Both Hassan and Udall called the incident part of a larger pattern of hostility by the Trump administration toward the press.

"It is understandable that security was high at the FCC hearing on May 18," Udall said. "But I'm extremely concerned that the FCC security wasn't able to better balance the need to ensure access and safety."

Udall continued:

It is common practice for reporters to seek interviews with public officials outside of a public meeting—sometimes about the subject of the meeting, and sometimes not. While we don't always have time to respond, experienced security and public officials should be able to manage a reporter asking questions—starting with asking for his press credentials—without needing to physically separate them. Chairman Pai is correct to take action to ensure this never happens again. But I hope he also takes action to ensure that FCC commissioners understand that their job includes answering for their actions and being reasonably responsive to the people and the media.

Net neutrality advocacy group Free Press this week accused FCC security of requiring two Free Press Action Fund members to change out of shirts that read, "Protect Net Neutrality," before they were allowed to attend a commission meeting on March 23.

"It is critical that the Trump Administration and our taxpayer-funded agencies show the proper respect to the First Amendment and defend the freedom of the press," Hassan said today. "I will continue to work to hold the Trump Administration accountable for its dangerous rhetoric and actions that undermine the functioning of the free press."