CNN, Politico and MS NOW have received a little more breathing room in their fight to retain White House access. U.S. District Judge Timothy Kelly, appointed by President Donald Trump, extended temporary protections for the three outlets as he considers whether to impose a longer-lasting block on the administration’s restrictions.
Donald Trump-appointed Judge Timothy Kelly extended protections for CNN, MS NOW and Politico
Timothy Kelly’s previous order required the White House to restore press credentials for journalists from the three organizations. That 14-day restraining order was due to expire Thursday night, but the judge extended it for two more business days. He expects to issue a decision by Tuesday (via The Hill).
At the heart of the legal battle is a disagreement over why several news organizations lost access after Trump took issue with their reporting. White House officials have pointed to security risks and the outlets’ reliance on unnamed sources to justify the restrictions. The affected organizations, however, cite Trump’s own remarks about unfavorable coverage as evidence that the decision was intended to penalize journalists for stories critical of his administration.
Attorney Ted Boutrous, representing the media organizations, cited a TIME magazine interview in which Trump criticized their reporting, describing it as a “confession” of his intent. Kelly has not yet ruled on the outlets’ First Amendment arguments.
The fallout has disrupted the White House press pool beyond the organizations directly involved. CNN and Politico have missed multiple chances to accompany Trump on Air Force One, while Politico was also barred from print pool assignments once. The restrictions triggered a wider scheduling problem when other television networks temporarily suspended their own presidential coverage after CNN could not take its scheduled turn.
The administration’s legal defense rests on its authority to regulate entry to secure locations, such as the Oval Office and the presidential plane. Justice Department attorney Michael Velchik said officials met their obligation to notify the outlets by sending letters flagging reports they viewed as false or as potential national security threats.
