A federal judge postponed ruling on Wednesday whether President Donald Trump can arbitrarily ban journalists from covering the White House, delaying the question of restoring press access to three national news organizations
In a virtual hearing Wednesday afternoon, U.S. District Judge Timothy Kelly did not rule from the bench on restoring credentials for MS NOW, CNN and Politico, which were ejected from the White House grounds and pool on Saturday.
Lawyers representing MS NOW, CNN and Politico told Kelly that the ban is unconstitutional and inhibits lawful news-gathering.
A lawyer representing the Trump administration defended the ban, arguing that Trump has the power to regulate press access at the White House.
A lawyer for the government argued Trump’s decision to revoke press access for the three news organizations was lawful.
“The President’s actions were not retaliatory because the Government would have taken the same action anyway, notwithstanding [MS NOW, CNN and Politico’s] speech criticizing the President,” the government argued in a court filing. “Indeed, the President has not revoked access to other outlets that have equally criticized the President.”
The government also claimed the news organizations had received due process, pointing to letters sent to MS NOW, CNN, and Politico Tuesday with an apparent explanation for the ban.
“Your organization has exhibited behavior in violation of the standards of professionalism and decorum expected of those given access to the White House complex, including by trafficking in verifiable falsehoods about national security and other issues, and publishing sensitive or classified information,” the White House Press Office wrote in a letter to MS NOW.
Wednesday’s hearing came just two days after MS NOW, CNN and Politico jointly filed a lawsuit asking a federal judge to reverse the ban and restore both access and credentials to the affected reporters.
“This ban could not be a more direct assault on the First Amendment nor a more blatant violation of our most fundamental constitutional principles,” the lawsuit said.
The court battle marks a significant escalation in the standoff between Trump and the news media, which he has repeatedly accused of unfair coverage of his administration. Trump previously has tried to bar specific outlets from the Oval Office, and administration officials have sought to eject journalists from the Pentagon as well as engaged in an unusual review of broadcast licenses.
Lawyers representing the three news organizations alleged that Trump’s ban violates not only the First Amendment but also the due process clause of the Fifth Amendment. They also said the ban inhibits affected journalists from effectively doing their jobs.
“The ban irreparably curtails the organizations’ speech — preventing them from being able to publish stories they otherwise would — each day it remains in effect,” the complaint alleged. “The ban also impermissibly chills the speech of other news organizations and journalists, who must now balance conducting their constitutionally protected and vitally important work of reporting on the White House against the risk that coverage the President ‘dislike[s]’ will condemn them to the same fate.”
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