A judge heard arguments Wednesday but did not rule from the bench in a case on President Donald Trump’s ban of three news outlets from White House grounds.
The hearing marked the latest development in an extraordinary showdown between Trump and media outlets whose coverage he dislikes. Trump banned CNN, MS NOW and Politico beginning Friday, assailing what he called “fake news.” More recently the president has said negative coverage was dangerous for the country. The outlets argued they were singled out because of the content of their coverage — in other words, viewpoint discrimination and called the ban a “blatant violation” of the First Amendment.
U.S. District Judge Timothy Kelly — whom Trump nominated in 2017 and who ordered a CNN journalist’s access restored in a similar case in 2018 — didn’t immediately rule on the news outlets’ request for a restraining order. It was unclear when he would issue a decision.
He opened by reminding both sides that he’s required to apply case precedent.
The rulings in two prior cases over press access — including one that went to the U.S. Supreme Court — made clear that journalists were entitled to an opportunity to be heard before they have their press passes revoked.
Justice Department attorney Michael Velchik has argued that the rulings in the earlier cases were wrong.
“Maybe they were, maybe they weren’t, but currently as a district judge I have to apply them,” Kelly said.
Arguments began with Theodore Boutrous Jr., attorney for the outlets, calling the ban an “unprecedented, unreasonable punishment” and saying there was “not a semblance of due process.”