A federal judge declined Wednesday to immediately rule on whether the White House can lawfully strip press credentials from three news outlets, even as he voiced doubt about the legal footing the administration used to justify the move.
U.S. District Judge Timothy Kelly, appointed by President Trump, said during an emergency hearing that established legal precedent requiring journalists to receive advance notice of new access rules “wasn’t followed here.” Despite that finding, Kelly said he would issue a ruling only “as soon as I can,” leaving the credential ban in effect in the meantime.
The practical effect is that 78 journalists from Politico, CNN, and MS NOW who previously held White House credentials remain locked out of the complex while the case proceeds.
All three outlets are seeking a temporary restraining order, arguing the policy violates the First Amendment. The Justice Department countered that the president has authority to control reporters’ access to restricted areas such as the Oval Office.
“Access to the White House is a privilege — not a right,” the department argued in court filings.
Separately, the White House Press Office sent CNN a letter accusing the network of “trafficking in verifiable falsehoods about national security and other issues, and publishing sensitive or classified information.”
Theodore Boutrous Jr., an attorney representing the news organizations, pressed Kelly to rule quickly so the outlets could cover Chinese President Xi Jinping’s upcoming visit to the White House.
“They’re using national security as a talisman, a magic word,” Boutrous said. “This is just pretextual, post-hoc effort to justify just a blatant violation of due process.”
Justice Department attorney Michael Velchik urged the judge to hold off on any ruling until after Xi’s visit, warning that acting during that period would raise constitutional and security concerns.
“I think there would be serious separation of powers concerns as well as national security concerns [if the court acts] during that period,” Velchik told the court.
The case remains pending, with the credential ban still in force and no timeline set for Kelly’s decision.
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