A federal judge extended a temporary order barring the White House from revoking access to CNN, MS Now, and Politico on Thursday, as he considered arguments from both the media and the Trump administration over the legality of the White House ban on journalists from those three outlets.
U.S. District Judge Timothy Kelly, an appointee of President Donald Trump, heard arguments in a federal courthouse in Washington, D.C., regarding the lawsuit brought by CNN, MS Now, and Politico over Trump’s Sept. 18 announcement that journalists from the three outlets would be banned. The president claimed the outlets were “fake news” and “shouldn’t be able to constantly write or report FICTION and LIES when they’re covering the President of the United States.” Kelly granted a temporary restraining order later that month, restoring the outlets’ access to the White House, and on Thursday appeared likely to grant a firmer order restoring access on a more permanent basis.
Theodore Boutrous, a lawyer for the three outlets, argued that Trump’s ban is unlawful viewpoint discrimination in violation of the First Amendment, and asserted that they were not given due process to fight their ban. Boutrous pointed to Trump’s comments about the outlets, specifically that his disapproval of their coverage was the motivation behind the ban, and urged Kelly to rule the ban is unlawful.
“If your press pass is at risk because President Trump decides something you said is false, that’s a very, very dangerous, chilling doctrine,” Boutrous said.
DOJ lawyer Michael Velchik argued before Kelly that the outlets had engaged in “apparently indefensible conduct” by allegedly failing to uphold journalistic standards by publishing classified and false information. Velchik also claimed that the White House had given the outlets time to respond to its written issues with the outlets’ coverage, but that all three outlets declined to do so.
Kelly appeared deeply skeptical of the Department of Justice’s arguments, specifically taking issue with whether proper notice was given to the outlets that their press passes were in jeopardy of being pulled over their conduct. Velchik responded by claiming that “certainly CNN has been on notice for years that the president is concerned” about their coverage.
DOJ PETITIONS JUDGE TO REINSTATE WHITE HOUSE BAN ON CNN, MS NOW, AND POLITICO
The judge also appeared skeptical of the DOJ’s claims that the ban was carried out based on national security concerns, specifically regarding the publication of classified materials, while Trump’s public comment was that the ban was due to the outlets’ coverage of the president himself. Velchik argued that the DOJ has been clear in proceedings that it has had concerns with both journalistic standards and national security regarding the outlets’ reporting on the White House.
Kelly extended the temporary restraining order barring the White House from banning CNN, MS Now, and Politico through Tuesday, with a ruling on the outlets’ request for a firmer preliminary injunction expected before the extended restraining order expires.