Judge hears media ban arguments

Judge Timothy Kelly heard arguments on Wednesday in Washington, D.C., on President Donald Trump's ban of three media outlets from the White House.

Three outlets seek to restore access

MS NOW, CNN, and Politico asked the court to block Trump from continuing to bar them from the White House. The hearing lasted about forty-six minutes.

Outlets claim First Amendment violation

The three outlets sued Trump, arguing the ban violates the First Amendment of the U.S. Constitution, which protects free press rights by punishing them for their coverage.

Judge rules for outlets same night

Kelly ruled in favor of the outlets late Wednesday night, granting their motion for a temporary restraining order and ordering restoration of their hard pass credentials.

Credentials restored for fourteen days

The judge ordered the White House to restore hard pass credentials held by employees of CNN, MS NOW, and Politico that were revoked on or about September eighteen, twenty twenty-six.

Judge finds outlets likely to succeed

Kelly said the media outlets had shown they were likely to succeed in their lawsuit on their claim that their Fifth Amendment due process rights were violated by Trump summarily barring them without prior notification.

Judge skeptical of security rationale

Kelly wrote that he was skeptical the Justice Department's national security justification was the actual motivation for the ban, noting Trump cited lack of truthfulness when announcing it.

“The Court is skeptical, at least on this record, that Defendants' interest in safeguarding national security is the actual motivation for, or is even advanced by, the revocation of Plaintiffs' hard passes.”

No warning before ban announced

The three media outlets were not warned before Trump's announcement that he was considering yanking their hard pass access. Kelly said the required predeprivation process was not followed.

Outlets' lawyer calls it retaliation

Theodore Boutrous Jr., representing the outlets, argued this was a clear retaliation case. He said Trump's Truth Social posts and statements prove the ban targets them for negative coverage.

“This is a clear retaliation case.”

Justice Department defends as privilege

Michael Velchik, an attorney for the Justice Department, argued access to the White House is a privilege, not a right, and the president should be able to take immediate action to protect national security.

“Access to the White House is a privilege, not a right.”

Ban took effect on Saturday

Trump announced the ban on Friday, accusing the outlets of cumulative stories containing fake news. The ban took effect on Saturday when journalists had their passes taken by the Secret Service.

Outlets sued Monday, ruling came Wednesday

The three outlets jointly sued Trump on Monday. Judge Kelly's temporary restraining order remains in effect for fourteen days while the case proceeds.