Judge Declines to Rule on White House Media Credential Issue

A federal judge announced on Wednesday that he won’t make an immediate decision regarding the White House’s authority to revoke media credentials, although he expressed doubt about the precedent being cited.

U.S. District Judge Timothy Kelly stated that he would provide a ruling “as soon as I can” after suggesting that President Trump’s removal of credentials from Politico, CNN, and MS NOW breached established legal norms, where journalists should be informed beforehand about the rules they need to follow. According to reports:

The Trump-appointed judge remarked during an emergency hearing requested by the media organizations that the relevant legal precedent was “not followed here.”

By not issuing an immediate ruling, Judge Kelly has kept Trump’s ban in effect, meaning that 78 journalists from the three media outlets who previously held credentials now do not have access to the White House.

All three outlets are seeking a temporary restraining order against this policy, arguing that it infringes upon First Amendment rights. The Department of Justice has contended that the president has the right to manage reporters’ access to areas that are restricted, such as the Oval Office.

“Access to the White House is a privilege — not a right,” the Department stated.

In a correspondence to CNN, the White House Press Office accused the channel of disseminating “verifiable falsehoods about national security and other matters,” in addition to publishing sensitive or classified information.

Theodore Boutrous Jr., an attorney for the news organizations, emphasized to Judge Kelly the urgency of issuing a ruling to ensure coverage of Chinese President Xi Jinping’s visit to the White House.

“They’re using national security as a talisman, a magic word,” Boutrous remarked. “This is just a hollow, post-hoc effort to rationalize an outright breach of due process.”

Justice Department lawyer Michael Velchik cautioned that a ruling against the policy during Xi’s visit might pose a national security risk, requesting the judge to hold off on making a decision until the weekend.

“I think there would be serious separation of powers concerns, as well as national security concerns [if the court acts] during that period,” the DOJ attorney indicated.