Judge Kelly delays ruling on Trump White House media ban
A federal judge heard CNN, MS NOW and Politico’s request to restore access but did not rule immediately on their challenge to Trump’s ban.
By Jordan Bell · Startups & Deals Reporter
· 3 min read
U.S. District Judge Timothy Kelly did not immediately restore access for CNN, MS NOW and Politico after hearing arguments over the Trump White House media ban on Sept. 23. Kelly said he would try to decide as soon as he could, according to USA Today and The Independent.
The outlets are seeking a temporary restraining order, an emergency court order that would restore their reporters’ White House credentials while the broader lawsuit continues. For readers following the dispute, the immediate question is whether the court will halt the ban before deciding the full case.
What did Judge Kelly say about the White House media ban?
Kelly raised concerns about the procedure used to revoke the press passes. He said earlier court decisions require notice and an opportunity for journalists to respond before a White House credential is taken away, and that the process laid out in those cases appeared not to have been followed here, The Independent reported.
That was not a final ruling that the ban is unlawful. Kelly ended the roughly 45-minute hearing without deciding the outlets’ request from the bench, according to The Independent. The research available for this report includes no post-hearing written order or final ruling on the merits.
The judge is a Trump appointee who, in 2018, ordered the White House to return the press pass of then-CNN correspondent Jim Acosta after it was revoked, CNBC and USA Today reported.
Why are CNN, MS NOW and Politico in court?
Trump announced on Sept. 18 that he was barring the three outlets from the White House, criticizing what he described as unfavorable or false coverage, according to CNBC and USA Today. Reporters from the organizations were subsequently denied entry or had their passes taken, the outlets said in their court challenge.
CNN, MS NOW and Politico filed suit on Sept. 21. They allege that the administration targeted them because of their reporting, violating First Amendment protections for speech and press as well as Fifth Amendment due-process protections. Those are allegations in the outlets’ lawsuit, not findings by the court.
The administration responded in a Sept. 22 filing. Its lawyers argued that White House access is a privilege rather than a right and denied that the action amounted to viewpoint discrimination, according to USA Today. The government also alleged that the outlets had threatened national security and violated professional-conduct standards, including by publishing sensitive or classified information and alleged falsehoods, according to The Independent and MS NOW.
White House Press Office letters explaining how the outlets could seek to regain their credentials were sent Sept. 22, after the reported revocations. Kelly’s comments at the hearing addressed whether the required process had occurred before the passes were revoked, The Independent reported.
A ruling on the temporary restraining order would determine whether the three organizations receive the requested immediate relief. It would not by itself resolve all of the constitutional claims raised in their lawsuit.
This story draws on original reporting from CNBC.
