Federal Judge Skeptical of Justice Department Defense in White House Press Ban Lawsuit

Key Takeaways
- Judge Timothy Kelly extended the temporary order protecting press access for CNN, MS NOW, and Politico through Tuesday.
- The administration's ban affects 78 credentialed journalists from the three media organizations.
- The court highlighted severe due process concerns, noting a contradiction between Trump's public statements and DOJ arguments.
A federal judge sharply questioned the Justice Department on Thursday over the Trump administration's decision to ban journalists from CNN, MS NOW, and Politico from the White House. U.S. District Judge Timothy Kelly, presiding over the joint lawsuit brought by the three news organizations, expressed skepticism about the government's legal defense, noting a sharp discrepancy between courtroom arguments and President Trump's public statements citing negative coverage.
During the hearing, Justice Department attorney Michael Velchik argued that the ban was imposed because the outlets fell short of journalistic standards and compromised national security. However, Judge Kelly challenged this narrative, remarking that the administration faces an "uphill climb" when the decisionmaker publicly acts for reasons differing from arguments made in court. Ted Boutrous, representing the news organizations, emphasized that the blanket ban affects 78 credentialed journalists and stems directly from reporting the president dislikes.
The lawsuit was initiated on September 21 after the Secret Service confiscated press passes following Trump's announcements on Truth Social decrying "FAKE NEWS." Although Judge Kelly issued a temporary restraining order late last month reinstating press access, the White House continues to bar reporters from CNN and Politico from key pool locations, including the Oval Office and Air Force One. The judge reiterated that denying journalists prior notice and a meaningful opportunity to contest the revocation likely infringes upon established due process protections.
Judge Kelly extended the temporary restraining order through Tuesday, when he is scheduled to rule on the news organizations' request for a longer-term preliminary injunction. The impending decision will determine whether the administration must grant full White House access to all 78 affected journalists as the broader legal challenge proceeds through the federal court system.
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