A federal judge sharply criticized the Trump administration early in a hearing concerning a media ban that blocked several outlets from accessing the White House. U.S. District Judge Timothy J. Kelly stated that the administration’s actions disregarded fundamental due process rights for journalists.
The hearing took place on Wednesday, focusing on a lawsuit filed by CNN, MS NOW, and Politico. The outlets are seeking a temporary restraining order to reinstate their reporters’ access to White House press passes, which were revoked following President Trump’s discontent with their coverage.
Judge Kelly, who was appointed by Trump in 2017, opened the session with a staunch reminder of the legal precedents surrounding press access. He noted, “Before we get to any core First Amendment issues, there is a due process claim that seems to me the first stop in figuring out how to resolve the motion.”
The judge’s comments came just minutes into the proceedings, emphasizing the requirement for the government to provide notice and a chance to appeal before revoking access to journalists.
On September 18, Trump announced his decision to restrict access from these outlets, citing complaints about “negative stories” as the motivator. The next day, reporters from these organizations found their press passes confiscated by the Secret Service.
Letters from the White House, sent only days after the passes were taken, outlined the supposed reasons for the ban. These letters gave the outlets until Friday to contest the decision, which sparked skepticism among legal representatives.
Ted Boutrous, the attorney representing CNN, MS NOW, and Politico, argued that the standards for access were only provided after the fact, leaving the outlets without a fair opportunity to comply. He described the White House’s communications as “a piece of paper they got saying you’ve already violated that,” highlighting the lack of due process involved.
“There’s not a semblance of due process,” Boutrous emphasized, labeling the administration’s actions as a severe punishment for the plaintiffs.
In addition to legal arguments, Boutrous pointed to President Trump’s own remarks that appear to confirm retaliation against the media due to negative coverage. “Not only do we have an expressed statement that this is content discrimination… it’s coming from the President,” he stated.
Boutrous further asserted that the harm inflicted on the outlets could not be undone, noting that CNN had been scheduled to act as this week’s television pool, covering presidential events for other networks.
The Trump administration has claimed national security concerns as justification for the media ban, accusing the outlets of publishing sensitive information. However, Boutrous challenged this narrative, stating that the stories cited by the White House were typical reporting on national events.
His rebuttal drew attention to a key point: that only one of the cited stories was authored by a reporter currently holding a White House pass, which had been renewed after publication.
As the hearing progressed, government attorney Michael Velchik argued that journalists should be aware of expected standards of professionalism and suggested they could not expect leniency based on previous criticisms from Trump.
Velchik advocated for delaying a ruling until the Friday deadline for challenging the decision. This drew a sharp response from Boutrous, who described the administration’s last-minute invocation of national security as “playing games.”
Boutrous stressed that the timing of the administration’s national security claims was suspect, given that they had not been raised prior to the lawsuit. “Suddenly, the lightbulb went off,” he quipped, hinting at potential manipulation of justifications to support the ban.
The hearing concluded without an immediate ruling. Judge Kelly indicated he would take the arguments under advisement, acknowledging the pressing nature of the case.
As the day wrapped up, he reassured the legal teams, stating, “I will try to get an answer as soon as I can,” leaving the outlets, and the media world at large, awaiting his decision with bated breath.
