US District Judge Timothy Kelly kept in place through Tuesday an order blocking the White House from revoking access for journalists from CNN, MS NOW and Politico. He said he would decide by then whether to extend the protection during the case.
At Thursday’s hearing, Kelly repeatedly questioned the Trump administration’s explanation that the restrictions were based on professional standards and national security. President Donald Trump had publicly linked the ban to coverage critical of his administration. The judge said the government’s court arguments appeared to differ from Trump’s public statements.
Lawyer Ted Boutrous, representing the three news organizations, asked for a preliminary injunction preventing the White House from restricting the outlets’ access while the case proceeds. He said the ban affected 78 credentialed journalists. The plaintiffs argue the measure punished reporting the president disliked and violated the First Amendment and due process.
Justice Department lawyer Michael Velchik said Trump had determined that the outlets failed to meet minimum professional standards and published material that endangered national security. Kelly asked how negative coverage itself would violate journalistic standards and pressed the government to identify its strongest evidence that the ban served a security purpose. He described the government’s position as difficult to support.
Kelly’s temporary restraining order was due to expire on Thursday but will now remain in force through Tuesday. Journalists from the three outlets will retain access to the White House complex until then. Court filings say CNN and Politico have nevertheless remained barred from the Oval Office and Air Force One press pool.
Kelly previously found that reporters had not received advance notice or a chance to respond before their credentials were revoked. He also said the articles cited by the White House were routine stories, some published months before the ban. The administration’s letters to the outlets cited coverage including a White House ballroom, the war with Iran and the Republican midterm convention.