A federal judge is currently deliberating whether President Donald Trump can ban journalists from covering the White House, as the question of restoring press access to MS NOW, CNN, and Politico remains unresolved. During a virtual hearing on Wednesday, U.S. District Judge Timothy Kelly did not issue a ruling on the restoration of credentials for the three news organizations, which were removed from the White House grounds on Saturday. However, he indicated that a decision would be forthcoming and expressed skepticism about the constitutionality of the ban.
Lawyers for MS NOW, CNN, and Politico argued that the ban is unconstitutional and obstructs lawful newsgathering. Theodore Boutrous, representing the news organizations, cited Trump's public statements regarding the ban—both on Truth Social and in the Oval Office—as evidence of a First Amendment violation and as proof of retaliatory and discriminatory intent. "He keeps proving our point," Boutrous stated. "He’s literally our lead witness here."
In defense of the ban, a lawyer for the Trump administration contended that the president has the legal authority to regulate press access at the White House. Michael Velchik, representing the government, stated, "Access to the White House is a privilege, not a right," and argued that Trump's critical remarks about other news organizations undermine claims of retaliation or viewpoint discrimination.
The government maintained that the news organizations had received due process, referencing letters sent to them on Tuesday that provided an explanation for the ban. The White House Press Office stated that the organizations had exhibited behavior violating the expected standards of professionalism and decorum, including spreading falsehoods about national security and publishing sensitive information.
Judge Kelly questioned whether the due process requirements were met, particularly regarding the timing of the letters sent after the revocation of press passes. Boutrous countered the government's argument, describing the due process efforts as insincere. He also referenced a Supreme Court case, asserting that the government's justifications for interfering with the First Amendment must be genuine and not created in response to litigation.
The hearing occurred shortly after MS NOW, CNN, and Politico filed a lawsuit seeking to reverse the ban and restore access and credentials to their reporters. The lawsuit described the ban as a direct assault on the First Amendment and a violation of constitutional principles. The legal dispute highlights the ongoing tensions between Trump and the media, with the president frequently accusing news organizations of unfair coverage. Lawyers for the news organizations claimed that the ban not only violates the First Amendment but also the due process clause of the Fifth Amendment, inhibiting journalists from effectively performing their duties. They argued that the ban restricts the organizations' speech and chills the reporting of other journalists who may fear similar repercussions for their coverage.