A federal judge appeared inclined on Wednesday to order the White House to restore the press passes of journalists for CNN, Politico, and MS NOW, according to reporting by NPR. U.S. District Judge Timothy J. Kelly held an emergency hearing in Washington, D.C., after the three news organizations filed a lawsuit challenging their sudden bans.
Emergency Hearing Focuses on Due Process
During the introductory remarks at the emergency hearing, Judge Kelly stated that the White House seemingly violated the constitutional due process rights of the news outlets, according to NPR. The legal challenge follows decisions by the administration to block journalists who held permanent credentials from entering the building. Theodore J. Boutrous, a lawyer representing CNN, Politico, and MS NOW, told the court that the bans occurred “without a semblance of due process.” Boutrous also argued that the action violated First Amendment rights and constituted viewpoint discrimination in retaliation for unfavorable coverage.
The dispute escalated after President Trump told reporters on Friday that the outlets purposely write negative news to diminish Republicans and the administration, as reported by NPR. Boutrous further asserted that the organizations suffered irreparable harm by being locked out during a critical period surrounding high-level diplomatic meetings at the White House.
Justice Department Cites Privileges and National Security
Justice Department lawyer Michael Velchik defended the administration’s actions in court, arguing that access to the White House is a privilege rather than a right, according to NPR. Velchik also pointed to national security concerns as the basis for maintaining the bans. Court filings submitted by the Justice Department included letters sent to the news organizations taking issue with reporting on sensitive topics, including discussions with Iran, visitor sentiments at a Republican convention in Dallas, and construction of a top-secret bunker beneath the White House ballroom.
Boutrous contested the timing and validity of the national security justification, telling the court that security concerns were only raised days after the initial press passes were revoked, according to NPR. Judge Kelly did not issue a ruling from the bench at the conclusion of the hearing, indicating he would review arguments from both sides and issue a decision as soon as possible.
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