Federal Judge Questions White House Ban on CNN, Politico, MS NOW
Judge Timothy Kelly signaled the administration may not have followed due process before revoking press credentials.
KEY POINTS
- Federal judge hears challenge to White House ban on CNN, Politico, and MS NOW
- Judge Kelly indicates due process likely not followed per Sherrill v. Knight precedent
- Justice Department cites national security; outlets argue viewpoint discrimination
- Press pool solidarity leaves president without audio at Monday event
- Ruling on temporary restraining order pending
A federal judge in Washington heard arguments Wednesday in a lawsuit filed by CNN, Politico, and MS NOW challenging President Donald Trump's decision to revoke their White House hard passes last week. The outlets argue the ban violates First Amendment protections and due process rights established by precedent.
Judge Timothy Kelly, a Trump appointee, noted the White House did not appear to provide appropriate due process before revoking access, referencing the 1977 Sherrill v. Knight ruling and the Karem v. Trump case. He acknowledged irony in presiding over this case after handling the 2018 Jim Acosta credential dispute.
“I think it's fair to say that the process wasn't followed here.”
The Justice Department leaned heavily on a national security rationale, arguing the president has ultimate authority over White House access. The outlets' attorney, Theodore Boutrous, countered that Trump's public criticism of their coverage proves the ban is viewpoint discrimination.
Other press pool members pulled their coverage in solidarity, leaving the president without a microphone during a Monday event. Kelly promised a ruling on the temporary restraining order "as soon as I can."
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