Trump Press Ban: Judge Holds Off on Ruling, but Says Due Process ‘Wasn’t Played Out’

A federal judge on Wednesday examined the Trump administration's decision to deny CNN, MS NOW, and Politico access to the White House, questioning whether the government had followed the required due process before barring the news outlets. U.S. District Judge Timothy Kelly focused on the due process claim during a hearing on the outlets' request to immediately restore their access.

Kelly indicated that before addressing any core First Amendment issues, the due process issue needed to be addressed first. The focus on due process could prove crucial to the outlets' bid to regain access, as previous court rulings require the White House to provide journalists with notice and an opportunity to respond before revoking their press credentials.

CNN, MS NOW, and Politico filed a lawsuit against the Trump administration on Monday, arguing that the ban violates their First Amendment rights and their right to due process, seeking a temporary restraining order to restore their access. The Justice Department defended the ban, arguing that access to the White House is a "privilege, not a right," and that the president has the authority to suspend the organizations' access.

The administration cited national security concerns involving reporting by the three outlets. The government provided letters to the outlets on Tuesday to explain the revocation of their passes, but Judge Kelly expressed skepticism, questioning whether the letters provided the necessary notice of the standards that had to be met.

Trump announced on Friday that CNN, MS NOW, and Politico would no longer have access to the White House, accusing the organizations of reporting "fiction and lies." Reporters from all three outlets were turned away from White House grounds on Saturday, with their press passes confiscated. The dispute has extended beyond the courtroom, with CNN scheduled to handle White House television pool duties on Monday, but other networks declined to replace CNN's camera crew, effectively suspending the usual pooled television coverage of the president.