Trump banned CNN, MS NOW and Politico from the White House over ‘negative stories,’ and now a judge he appointed will decide

U.S. District Judge Timothy Kelly is expected to rule by Tuesday on whether to allow reporters from CNN, MS NOW, and Politico to access the White House. The decision follows a federal court hearing in which attorneys argued over the legality of the Trump administration’s ban on these outlets from the White House grounds, according to the Associated Press. The judge, whom President Donald Trump nominated to the bench, described the government’s arguments for the ban as an “uphill climb” and a “tough lift.”

He did not say how he intends to rule. Kelly also presided over CNN’s 2018 lawsuit over reporter Jim Acosta’s revoked press credentials, and he ruled that Acosta could return. Theodore J. Boutrous, an attorney representing the media organizations, argued that the government is punishing these outlets as it dislikes their reporting. “He doesn’t like scrutiny of his policies, he doesn’t like the reporting, he wants more good press,” Theodore J. Boutrous said.

He called the ban a content-based restriction on speech that violates the First Amendment. Justice Department attorney Michael Velchik defended the administration’s position. Velchik claimed that the White House objects to the use of anonymous sources, the splicing of interviews, and the inclusion of quotations that were not actually said. He argued that the administration is targeting verifiable falsehoods rather than just negative coverage.

The government says this is about false reporting and not bad press

“He doesn’t mind negative press stories if he deserves them. He has problems with trafficking verifiable falsehoods,” Michael Velchik said regarding the president. When prompted by Judge Kelly to specify the national security concerns involved, Velchik suggested that false reporting can impact policy and adversely affect national security. However, he told the court the concerns go beyond national security.

The case has been ongoing since last month, when the administration barred the outlets while labeling them fake news. Judge Kelly previously granted a two-week temporary restraining order to restore access. However, the news organizations say the administration has continued to selectively exclude CNN from participating in White House broadcast pool duties.

The restraining order was set to expire this week, but the judge extended it until Tuesday as he decides on the preliminary injunction. In a court filing, lawyers for the outlets said they expect the administration to immediately reinstate a complete ban if given the chance. A CNN spokesperson said the network fulfilled its pool duties earlier this week. Attorney General Todd Blanche has maintained that access to the White House is a privilege, not a right.

He recently stated on ABC that the White House is the people’s house, which the administration uses to justify its authority to restrict certain outlets. The plaintiffs argue that this approach ignores constitutional protections for free speech and due process. Trump has also gone after other outlets this month. He said The New York Times “should be arrested” after it reported empty seats at his Ohio rally.

The hearing in the press ban case was open to the public through a call-in line, though the audio was often too faint to understand. Kelly said he could rule sooner than Tuesday, and CNN is next scheduled for pool duty on Sunday. The three outlets should keep their White House access in the meantime, as the restraining order now runs through Tuesday.