Judge extends block on Trump's White House ban on CNN, MS NOW, Politico through Tuesday
In short
U.S. District Judge Timothy Kelly extended through Tuesday his temporary restraining order requiring the White House to restore access for reporters from CNN, MS NOW and Politico, and said he would rule by then on the outlets' request for a preliminary injunction. At a hearing on Thursday, Kelly called key government arguments an "uphill climb" and questioned the gap between the Justice Department's national security rationale and Trump's public remarks about negative coverage.
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U.S. District Judge Timothy Kelly on Thursday extended his temporary restraining order blocking President Trump's ban on reporters from CNN, MS NOW and Politico at the White House, keeping it in place through Tuesday. The order had been set to expire Thursday. Kelly said he would rule on the outlets' request for a preliminary injunction no later than Tuesday; AP reported he said a ruling could come sooner. A preliminary injunction would preserve the outlets' access until the litigation is resolved, AP reported. [ 1 , 5 , 9 , 13 ]
Kelly, who was nominated by Trump, did not say how he intends to rule, AP reported, but described key government arguments as an "uphill climb" and a "tough lift". He repeatedly questioned why the government's arguments in court appeared to differ from Trump's public statements centered on negative news coverage. He also challenged Justice Department attorney Michael Velchik to specify the national security concerns at stake. According to CNN, Kelly said due process case law allows the government to remove a right without advance notice only in "hair on fire" situations, and that this case seemed "more attenuated". [ 1 , 4 , 5 , 7 ]
Theodore J. Boutrous Jr., arguing for the three outlets, said the ban is a classic example of "viewpoint discrimination" that violates their First Amendment rights, and that it affects 78 credentialed journalists. "He doesn't like scrutiny of his policies, he doesn't like the reporting, he wants more good press," Boutrous said in court. The Guardian reported he cited a Time magazine interview in which Trump, asked about the impetus for the ban, said: "It's just bad story after bad story." [ 1 , 5 , 8 , 9 ]
Velchik, senior counsel of the Justice Department's Civil Division, said: "We've always been clear that it's not just national security," arguing that false reporting can affect policy and national security. "He doesn't mind negative press stories if he deserves them. He has problems with trafficking verifiable falsehoods," he said of Trump. He cited quotations that were not actually said, the use of anonymous sources and spliced interviews among the White House's complaints. CNN reported he argued that the Supreme Court decision upholding Trump's first-term travel ban supported the administration. [ 1 , 4 , 7 , 8 ]
Kelly issued the original order on 24 September, requiring the White House to lift the ban for 14 days. Business Insider reported his ruling found the ban likely violated the outlets' due process rights because access was restricted without notice or identifiable standards. PBS NewsHour said it is one of over 70 news organizations that signed an amicus brief supporting the preliminary injunction. [ 9 , 10 , 14 ]
Why it matters
A preliminary injunction would keep the outlets' White House access in place while the case proceeds, which Business Insider said could take months of litigation. According to an attorney for the outlets, the ban affects 78 credentialed journalists, and AP reported the wider dispute between the administration and the news media has produced restrictions on White House and Pentagon reporters and led to several lawsuits.
Key facts
- Judge Timothy Kelly extended his temporary restraining order against the White House ban on CNN, MS NOW and Politico through Tuesday. [ 1 , 6 , 9 , 10 , 13 ]
- Kelly said he would rule on the outlets' request for a preliminary injunction no later than Tuesday. [ 1 , 5 , 9 ]
- Kelly issued the original restraining order on 24 September, requiring the White House to lift the ban for 14 days. [ 9 ]
- Kelly described key government arguments as an "uphill climb". [ 4 , 5 , 7 , 10 ]
- Attorney Theodore Boutrous said the ban affects 78 credentialed journalists across the three outlets. [ 1 ]
- Justice Department attorney Michael Velchik argued that false reporting can affect policy and national security. [ 7 , 8 ]
- Kelly was nominated to the bench by Trump. [ 5 , 6 , 9 , 10 ]
Confirmed by several sources
- Kelly extended the temporary restraining order until Tuesday. [ 1 , 9 , 10 , 13 ]
- Kelly said he would rule on a preliminary injunction by Tuesday. [ 1 , 5 , 9 ]
- Kelly called the government's arguments an "uphill climb". [ 4 , 5 , 10 ]
- Kelly questioned the difference between Trump's public statements about negative coverage and the government's national security justification in court. [ 1 , 4 , 10 ]
- Boutrous argued the ban is viewpoint discrimination that violates the First Amendment. [ 5 , 8 , 9 ]
Still unclear
- How Kelly will rule on the preliminary injunction. AP reported Kelly did not say how he intends to rule, while Business Insider said he appeared inclined to grant a more durable injunction.
- How long the extended access lasts. Most outlets say the order runs through Tuesday, while PBS NewsHour said access was extended until a final ruling on the ban is reached.
- The specific national security concerns behind the ban. Kelly challenged the government attorney to specify them, and the documents do not set out what they are.
- Velchik said Trump "doesn't mind negative press stories if he deserves them" but has problems with "trafficking verifiable falsehoods". Reported by a single source so far.
What local media are saying
Timeline, local time
- CBS News reported that the Justice Department and lawyers for CNN, MS NOW and Politico were due back in court. [ 1 ]
- AP reported Kelly said he intended to rule by Tuesday, possibly sooner, on extending his order. [ 5 ]
- The Hill reported the judge had briefly extended the order lifting the ban. [ 6 ]
- UPI reported Kelly would extend the temporary restraining order by two business days. [ 13 ]
- PBS NewsHour reported a lawyer for the outlets said outside the courthouse that he expects a ruling by next week. [ 14 ]