WASHINGTON — A federal judge Thursday extended an order protecting White House access for journalists from CNN, MS NOW and Politico while he considers whether President Donald Trump’s attempt to bar the three news organizations violates constitutional protections for the press.
U.S. District Judge Timothy J. Kelly said he expects to rule by Tuesday, possibly sooner, on the organizations’ request for a preliminary injunction that would preserve their access while their lawsuit proceeds.
The decision followed a hearing in Washington at which attorneys for the news organizations accused the administration of punishing unfavorable reporting. Justice Department lawyers defended the restrictions, arguing that inaccurate reporting can damage national security and that access to the White House is a privilege rather than an unconditional right.
Trump announced the bans in September, accusing the three outlets of spreading false information. The restrictions affected journalists who had previously received credentials allowing them to enter the White House complex for their reporting.
On Sept. 24, Kelly issued a temporary restraining order requiring the administration to restore access for 14 days. He found that the organizations were likely to succeed on their claim that the government had denied their journalists the constitutionally required due process.
That earlier ruling did not resolve the organizations’ separate First Amendment claims.
At Thursday’s hearing, attorney Theodore J. Boutrous Jr., representing the news organizations, argued that the administration was engaging in viewpoint discrimination by penalizing coverage it disliked.
Justice Department attorney Michael Velchik disputed that characterization, citing what the government considers inaccurate quotations, misleading editing and other reporting practices. The administration has maintained that restrictions on White House access are justified by concerns about the reliability of the organizations’ coverage.
The news organizations also contend that the White House has continued to restrict some reporting activities despite the temporary court order, including CNN’s participation in certain press-pool assignments.
The case raises questions about the standards the government must follow when revoking credentials previously granted to journalists. The plaintiffs argue that allowing the bans would expose other news organizations to similar restrictions based on their reporting.
Kelly extended the existing protections through Tuesday, when he expects to decide whether a preliminary injunction is warranted.
