Judge keeps CNN, MS NOW, Politico at White House through Tuesday
A federal judge kept CNN, MS NOW and Politico reporters on White House grounds for now and said he will rule by Tuesday on a longer block. The case tests whether a president can bar news outlets over their coverage. Judge Timothy Kelly added two business days to an order that was set to end Thursday night.
Reporters from CNN, MS NOW and Politico can keep working at the White House for now.
U.S. District Judge Timothy Kelly on Thursday extended a temporary order that blocks President Trump's ban on the three outlets. The order was set to expire at 11:59 p.m. Thursday. Kelly said it would run "another two business days," The Hill reported. He said he would rule by Tuesday, possibly sooner, on whether to keep the outlets' access in place while the lawsuit goes on, the Associated Press reported.
The hearing turned on why the White House acted. Justice Department lawyer Michael Velchik argued the ban protects national security. He said the outlets were given notice and a chance to respond but chose not to, Courthouse News reported. Kelly sounded doubtful. He said the facts did not show a "hair-on-fire" need to protect national security.
Kelly also pointed to Trump's own words. "It just seems like that fact pattern is a hard one to find," the judge said of a leader who gives one reason in public and another in court, the Washington Examiner reported. Trump has called the outlets "fake news."
Lawyer Theodore Boutrous, for the outlets, called the ban "textbook retaliation" for critical coverage, Courthouse News reported. CNN and Politico have also been kept off Air Force One on several trips since Kelly's first order, The Hill reported.
How this fits: Kelly, a Trump appointee, first restored the outlets' credentials in September. He found that the ban likely violated their right to due process, The Hill reported. Kelly is bound by appeals court rulings that limits on White House press access must be reasonable and follow due process, Courthouse News reported.
The case matters beyond three newsrooms. The press pool rotates daily coverage of the president among outlets, and other broadcasters pulled out of pool duty in solidarity, Courthouse News reported.
What we know: The temporary block runs through Tuesday, and Kelly plans to rule on a longer order by then.
What we don't: Whether he will grant longer protection, and whether any order will reach Air Force One trips.
Where outlets agree The Associated Press and The Hill both report that Kelly extended the order and expects to rule by Tuesday on longer-term relief.
Where they differ Courthouse News says Kelly seemed likely to grant the outlets lasting relief, while the Washington Examiner says he is still weighing a longer-term extension.