Micron Document
Judge skeptical of White House ban of 3 news outlets but holds off on ruling for now
Source New Mexico · 2026-09-23 22:04Z
WASHINGTON — U.S. District Court Judge Timothy J. Kelly indicated during a Wednesday hearing he may order the Trump administration to reinstate White House press passes for reporters from three news organizations who had their credentials revoked this weekend.

Kelly, of the U.S. District Court for the District of Columbia, said at the beginning of a 45-minute hearing that he is largely bound by circuit court rulings that ensure journalists with White House press passes have due process rights before their access to the complex could be rescinded.

“The government says those cases … were wrongly decided,” Kelly said. “Maybe they were, maybe they weren’t. But certainly as a district judge I have to apply them and I think it is fair to say that the processes that the Circuit Court laid out in those two cases … (weren’t) followed here.”

Kelly said at the end of the hearing he will release his ruling as soon as he can, though he did not give any more details about how soon that might be.

President Donald Trump nominated Kelly during his first term and the Senate confirmed him following a broadly bipartisan vote in September 2017.

This case began Monday when CNN, MS Now and Politico sued the Trump administration for barring their reporters from entering the White House grounds.

The news organizations asked the district court to grant them either a temporary restraining order or a preliminary injunction that would require the White House to return the press passes, allowing the journalists to work from the complex once again.

‘Very essence of the First Amendment’

Theodore J. Boutrous, Jr., a partner at Gibson Dunn who represented the news organizations, said the president’s decision to revoke the press passes of 78 journalists represented an “unprecedented, unreasonable and severe punishment.”

“What the government is objecting to … is that very essence of the First Amendment,” he said.

Boutrous said claims from the White House the president’s decision was based on national security concerns only came after the lawsuit was filed, not when the decision was announced Friday, or over the weekend when it was implemented.

Trump said Friday in response to questions from reporters in the Oval Office that his ban wasn’t in response to any specific story but “really just cumulative stories over the last two years.”

“They’re smart people, but they purposely write negative news. And they do that because they want to try and diminish the Republicans and a Republican administration,” he said. “And honestly, we’ve done a fantastic job. Look at the numbers, look at the economic numbers. We have more money coming into our country today than ever before.”

Boutrous argued during the hearing that while the president holds the right to criticize reporters and news organizations as much as he wants, the administration cannot “use the power of the government to punish them for their expression.”

In response to questions from the judge about whether there would ever be a circumstance where the White House could revoke a press pass, Boutrous said if someone was a spy, represented a physical threat, or a national security threat, “there would of course be authority by the White House to deal with that.”

But he also referenced the Pentagon Papers, and said he didn’t believe that type of reporting on national security issues would justify revoking a reporter’s White House press pass.

The White House’s decision to revoke press passes for reporters from those three news organizations has led the major television networks that rotate daily coverage of the president to stop doing so. The decision has limited what videos of the president are released through that television pool system.

DOJ argues access ‘a privilege, not a right’

Michael Velchik, senior counsel in the civil division of the Justice Department, said the Trump administration would oppose a ruling requiring the White House to return the press passes and allow reporters from those news organizations to resume coverage there.

“Access to the White House is a privilege not a right,” he said.

Velchik seemed to suggest that if the judge were to require the White House to reinstate the press passes, it shouldn’t happen during the next few days, when Chinese President Xi Jinping is scheduled to be in Washington, D.C., to meet with the president.

The White House, he said, had also sent letters to CNN, MS Now and Politico on Tuesday, informing them why their press passes were revoked and giving them the chance to reply by Friday evening.

Democrat sees ban as part of pattern

U.S. House Administration Committee ranking member Joe Morelle, D-N.Y., said during a separate virtual press briefing on Wednesday that he believes the ban of the news outlets was part of a pattern of Trump misusing government power to attack perceived opponents.

“The Trump administration has flagrantly abused the immense power of the federal government against organizations and institutions whose work, whose clients or viewpoints it disagrees with,” he said. “We don’t need to look any further than this outrageous attempt by the president to silence CNN, MS Now, Politico and others.”

Jacob Fischler contributed to this report.

Full story at the source (opens outside the mesh):
https://sourcenm.com/2026/09/23/repub/judge-skeptical-of-white-house-ban-of-3-news-outlets-but-holds-off-on-ruling-for-now/