From Business Insider · Kyle Cheney and Josh Gerstein · · 2m
Judge leans toward blocking Trump's media ban
A federal judge signaled he will likely extend his block on President Trump's ban of three news outlets from White House access, citing the president's own words contradicting national security claims.
In brief
A federal judge signaled he will likely extend his block on President Trump's ban of three news outlets from White House access, citing the president's own words contradicting national security claims. US District Judge Timothy Kelly appeared ready to extend a block on Trump's ban of POLITICO, CNN, and MS NOW from the…
Trump bans three outlets from White House
President Donald Trump banned POLITICO, CNN, and MS NOW from the White House. US District Judge Timothy Kelly is now weighing whether to extend his block on the ban during months of litigation.
Judge questions national security defense
During a Thursday hearing, Judge Kelly said the administration's national security argument faced an uphill climb. Trump's own words claiming he banned the outlets for disapproving coverage contradicted the government's legal position.
“That's an uphill climb.”
Kelly already blocked the ban once
Judge Kelly, a Trump appointee, lifted the ban last month with a two-week restraining order he extended through Tuesday. He now appears inclined toward a more durable injunction maintaining the outlets' West Wing access.
Original ruling cited due process violation
Kelly's earlier decision found the ban likely violated the outlets' due process rights. The White House restricted access without notice and without setting out identifiable standards for news organizations to follow to maintain credentials.
Trump's Time interview becomes key evidence
Theodore Boutrous Jr., lawyer for the news organizations, cited Trump's recent Time magazine interview as evidence the ban targeted negative coverage. Boutrous called the interview an admission that Trump revoked press passes for stories he considered too negative.
“That interview really is the coup de grace.”
Government claims after-the-fact due process
Justice Department lawyer Michael Velchik argued the administration provided due process through unsigned letters sent after the lawsuit was filed, identifying stories viewed as misinformation or national security risks. Boutrous called this a sham process.
Judge bound by precedent against content bans
Judge Kelly emphasized longstanding precedents forbid the White House from barring access based on disagreements with content. Revoking access must be based on clear standards and potential consequences spelled out in advance, though the Justice Department disagrees with those decisions.
Here's the gist
US District Judge Timothy Kelly appeared ready to extend a block on Trump's ban of POLITICO, CNN, and MS NOW from the White House, finding the president's stated disapproval of coverage contradicts the administration's national security defense.
