Judge Leaves Trump White House Media Ban in Place for Now, But Raises Serious Due Process Questions
A federal judge on Wednesday declined to immediately overturn President Donald Trump’s ban on CNN, MS NOW and Politico from the White House, leaving the restrictions in place for the time being while he considers the news organizations’ request for emergency relief.
U.S. District Judge Timothy Kelly concluded a hearing in Washington without issuing a ruling from the bench. The three organizations are seeking a temporary restraining order that would immediately restore their journalists’ White House credentials while their broader lawsuit against the Trump administration proceeds.
“I’ll consider what you’ve told me today and try to get you an answer as soon as I can,” Kelly told attorneys at the conclusion of the hearing.
Although Kelly did not grant the outlets the immediate relief they sought, his questioning during the hearing indicated significant concerns about the procedure the White House followed in revoking their access. He pointed specifically to previous federal appeals court decisions requiring procedural protections when White House press credentials are taken away.
“Before we get to any core First Amendment issues, there is a due process claim and a due process issue that seems to me the first stop in figuring out how to resolve the motion,” Kelly said during the hearing. He added that the process required under earlier court decisions “wasn’t played out here.”
CNN, MS NOW and Politico filed suit Monday after their reporters were barred from White House grounds and their credentials were deactivated. They contend that the administration targeted them because of their reporting and that the decision violates both the First Amendment’s protections for freedom of the press and the Fifth Amendment’s guarantee of due process.
The dispute began after Trump announced Friday that the three organizations would no longer be permitted inside the White House, accusing them of publishing “FICTION and LIES.” Reporters from the organizations were subsequently denied entry, and CNN was also removed from its scheduled role in the television press pool.
The Trump administration has defended the action, telling the court that “Access to the White House is a privilege – not a right.” Justice Department attorneys maintain that the president has broad authority to determine which journalists receive access to the White House complex.
The administration has also cited national security concerns, arguing that reporting by the three organizations included sensitive or classified information. Among the examples cited were CNN reporting concerning construction related to an underground facility at the White House, MS NOW reporting concerning an alleged leak investigation, and Politico reporting containing details about security expenditures connected to the White House ballroom project.
The news organizations dispute the administration’s rationale and say they were punished because the president objected to their journalism.
Their attorney, Theodore Boutrous, told Kelly that the organizations received no meaningful advance notice or opportunity to challenge the decision before their credentials were revoked.
“By ejecting and banning the plaintiffs from the White House without a semblance of due process here, defendants have imposed what really amounts to an unprecedented, unreasonable and severe punishment,” Boutrous said.
Kelly appeared particularly interested in the timing of letters the administration sent the organizations explaining alleged violations of White House standards. Those letters came after their access had already been revoked.
“I don’t know how a letter that they got after the pass was revoked could provide them with the notice of the kind of standards that they would have to conform their conduct to, since it’s a piece of paper they got saying, ‘You’ve already violated this,’” Kelly said.
The judge is himself a Trump appointee, having been nominated to the federal bench in 2017. He also presided over a closely watched White House press-access dispute in 2018, when he ordered the temporary restoration of CNN correspondent Jim Acosta’s press credentials.
The current controversy has prompted a broader response from the White House press corps. Major television networks suspended their rotating television pool coverage after CNN was prevented from fulfilling an assigned pool duty, while dozens of news organizations have backed the three outlets in court.
For now, however, CNN, MS NOW and Politico remain barred from the White House. Kelly did not indicate precisely when he will issue his ruling, saying only that he would consider the arguments presented Wednesday and deliver a decision as soon as possible.
