Judge weighs longer order in news outlets' White House access fight
A federal judge holds a hearing Thursday on whether to extend an order protecting White House access for CNN, MS NOW and Politico. The short-term order expires soon, and the White House has kept CNN and Politico off Air Force One. The outlets say the ban punishes their reporting.
A legal fight over press access to President Donald Trump heads back to court Thursday.
U.S. District Judge Timothy Kelly will hear arguments on a request by CNN, MS NOW and Politico for a preliminary injunction. That would protect their access for a longer time while the case goes on. Kelly, a Trump nominee, issued a 14-day temporary order on Sept. 24 that put the outlets' reporters back on White House grounds.
The fight began Sept. 18, when Trump said he was banning the three outlets for reporting "FICTION and LIES." They sued on Sept. 21, saying the ban violates their free speech and due process rights.
Since the order, the White House has kept the outlets off Air Force One on days they were set to serve in the press pool. CNN was blocked on recent trips, and Politico was kept off a flight to Nebraska on Monday. The pool is a small group of reporters who travel with the president and share notes with other newsrooms. With Politico off the plane, there was no main print reporter on the trip, Time reports.
In a final written filing late Monday, the outlets' lawyers said the White House had offered no new proof that their reporting hurt national security. "The President may not use Air Force One as a flying press briefing room and then claim standardless discretion to exclude news organizations," they wrote.
The Justice Department argues that access is a privilege, not a right. It says the outlets failed to meet "standards of professionalism and decorum," including by publishing sensitive information. A White House statement to the Washington Examiner called Trump "the most accessible President in American history."
Seventy-seven media groups have backed the outlets in court, CNN reports. Whatever Kelly decides, the losing side can move quickly to an appeals court.
The public leans against the ban. In a Reuters/Ipsos poll taken Sept. 30 to Oct. 5, 68% said keeping some outlets out of the White House over reporting seen as biased is inappropriate.
What we know: Kelly holds the hearing Thursday.
What we don't: Whether he will extend protection to Air Force One and other pool spaces.
Where outlets agree CNN, Time and the Washington Examiner all report that Judge Kelly will hold a hearing Thursday on the outlets' request to extend protection beyond his 14-day order.
Where they differ The outlets say the ban punishes them for their reporting, while the White House says riding on Air Force One is a privilege the president can grant or deny.