Judge Questions Due Process in Trump's Ban on CNN, Politico, MSNOW
Federal judge suggests the White House failed to follow required procedures before revoking press credentials from three major news organizations.
What to know
- Trump banned three major news organizations from White House grounds last week, citing fake news and alleged breaches of national security.
- The Justice Department argues White House access is a privilege the president can revoke for professional conduct violations, not a constitutional right.
- A federal judge indicated significant doubt about whether the White House followed required due process—specifically, providing advance notice before revoking credentials.
- The media organizations' lawsuit alleges viewpoint-based retaliation in violation of the First Amendment and due process protections.
Donald Trump U.S. PresidentTimothy J. Kelly U.S. District JudgeTheodore Boutrous First Amendment attorney for media organizationsMichael Kenneth Velchik Justice Department attorney
How it unfolded 2 developments, newest first · click a bar or a number to jump articlesposts
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Judge Kelly rejects DOJ's post-hoc notice argument — During the hearing, Judge Kelly expresses skepticism of the DOJ's argument that the Tuesday letters provided adequate notice. The judge points out the logical problem: the letters arrived after the credentials had already been revoked, making it impossible for the organizations to learn what standards they needed to comply with in advance.
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First Amendment attorney argues White House action violates due process and free speech
Theodore Boutrous, a prominent First Amendment attorney representing the media organizations, argues that the letters sent to the three organizations on Tuesday (after the ban had already been announced) are insufficient notice. He characterizes the White House's process as unconstitutional and the ban itself as viewpoint-based retaliation.
“not even close to conforming to due process and the first amendment…”
— Theodore Boutrous -
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Due process was not followed, said judge, when CNN, MS Now and Politico were banned from White House
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Judge Kelly signals doubt over due process compliance during hearing — During a Wednesday afternoon hearing, U.S. District Judge Timothy J. Kelly, appointed by Trump in his first term, indicates he is more inclined to side with the media plaintiffs and expresses concern that the White House did not follow required procedures. The judge notes that journalists should have received advance notice of violations and an opportunity to be heard before access was revoked, citing prior case law on the issue.
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DOJ files opposition to emergency restraining order request
Justice Department lawyers file court documents arguing that White House access is a privilege, not a constitutional entitlement, and that the administration acted over concerns about professional standards and disclosure of sensitive or classified information. The DOJ cites specific alleged violations: CNN disclosing East Wing bunker construction details, MSNOW reporting on a leak investigation, and Politico publishing security-related information about the White House ballroom project.
“Plaintiffs CNN, MSNOW, and Politico have long been granted privileged access to White House grounds. But the President concluded that they have failed to maintain basic minimum 'standards of professionalism and decorum expected of those given access to the White House Complex'”
— Justice Department -
1 outlet DOJ Defends White House Ban on CNN, Politico and MSNOW, Urges Judge to Reject Emergency Challenge
first by [your]NEWS, 11h ago
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Trump announces ban on CNN, Politico, MSNOW from White House — President Trump posts on Truth Social that the three news organizations will no longer receive White House access, citing their "constant 'reporting' FAKE NEWS."