A U.S. district judge temporarily extended White House access to CNN, MS NOW and Politico following a hearing Thursday on President Donald Trump’s media ban.
Judge Timothy Kelly issued the extension after both sides argued over whether the outlets violated journalistic standards and infringed on national security through their reporting. Kelly told attorneys he may issue a full ruling by Tuesday, when the current extension is set to expire.
Kelly appeared skeptical of the administration’s justification for the ban, at one point questioning if it went against journalistic standards to portray the Trump administration in a negative light.
The judge said different concepts had been “emitted into the air” to justify the government’s media ban as he continues to weigh whether to permanently reinstate the outlets.
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Trump announced the ban in a Truth Social post last month.
“I am proud to announce that, effective immediately, I am banning Fake News CNN, MSNOW (who recently changed their name from MSNBC due to lack of viewership and credibility!), and Politico,” Trump wrote.
“Media Outlets shouldn’t be able to constantly write or report FICTION and LIES when they’re covering the President of the United States, the Trump Administration, or the United States of America. Other Fake News Media Outlets to follow.”
The outlets were then denied access to the White House grounds and had their hard passes revoked.
When asked about Trump’s timing on the ban following the announcement, he said it stemmed from “cumulative stories over the last few years” from reporters who “purposefully write negative news” about him and the administration.
He added: “I don’t want them in my office, I don’t want them here.”
In court, however, DOJ attorney Michael Velchik told the judge that Trump has concerns over journalistic standards, verifiable falsehoods and national security, as detailed in letters submitted to the court.
An attorney for the media outlets, Theodore Boutrous Jr., described the case as “textbook retaliation.”
The attorney then asked the judge to convert the temporary restraining order into a permanent injunction, restoring the credentials and hard passes of White House reporters.
Kelly issued the temporary order on Sept. 24 after the outlets sued the president and several White House officials, requesting their immediate reinstatement.
Kelly granted the order, writing the outlets would likely succeed in a lawsuit showing their hard passes were revoked without constitutionally adequate due process, the court filing states.
The White House argued the outlets endangered national security through their reporting, but Kelly did not find the circumstances “extraordinary.”
Additionally, he noted the government cannot revoke a reporter’s hard pass without explicitly stating the rules or standards governing reporter conduct that would lead to a revocation.
He also said the reporters would be entitled to “fair notice not only of the conduct that would subject him to punishment but also of the magnitude of the sanction that the White House might impose.”
Kelly remained “skeptical” as to whether the administration’s interest in safeguarding national security was the motivation behind the media ban, his initial ruling stated.
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