Trump's own remarks undermine White House press credential ban, legal scholar says
Donald Trump’s public criticism of three news outlets has weakened the administration’s legal justification for revoking their White House press passes.
On September 18, Donald Trump publicly stated that one outlet, MS NOW and one outlet were losing their White House press credentials due to their alleged “fiction or lies” reporting. The administration later argued that the revocations were necessary to protect classified and sensitive national-security information. Federal Judge Timothy Kelly, who was appointed by Trump, granted a temporary restraining order on September 24, ordering the White House to reinstate the passes and noting that the outlets were likely to succeed on a Fifth Amendment due-process claim.
The judge found no prior evidence that the bans were based on genuine security concerns. Cornell Law School’s G.S. Hans, who runs the Civil Rights and Civil Liberties Clinic, said Trump’s own admission directly undermines the government’s legal position, making it impossible to argue the exclusions were lawful. The case now proceeds on due-process grounds, with the court emphasizing the lack of any presented national-security justification.
Why it matters
The president’s statements expose a clash between political rhetoric and constitutional protections for the press.
How this story developed
- Sep 17 Judge blocks Trump administration from demolishing the Kennedy Center without advance notice
- Sep 24 Press operations director Micah Stopperich began reinstating the badges at 7:25 am, with the Secret Service confirming they were fully restored by 9:07 am and returned to the press gate for pickup around 9:55 am.
- Sep 24 A federal judge forced the Trump administration to reinstate press credentials for reporters from three news organizations after they were barred from the White House.
- Sep 24 Judge Kelly dismissed the administration’s national‑security justification for the ban.
- Sep 24 A federal judge issued a temporary restraining order restoring the three outlets' White House press passes.
- Sep 27 Lindell TV was listed as a participant in the Air Force One press pool for the Tennessee trip.
- Sep 28 The administration broadcast a 30-second television spot from Donald Trump's 2024 campaign, labeling it a public service announcement despite objections from lawmakers of both parties.
- Sep 29 The administration has framed the spots as public‑service announcements rather than campaign ads.
- Sep 29 The Senate Judiciary Committee held the hearing with Jack Smith.
- Sep 30 Democrats on the House and Senate Appropriations Committees sent letters to White House Chief of Staff Susie Wiles demanding removal of the ads.
- Sep 30 A whistleblower disclosed that the Arctic Frost probe collected private messages from journalists at over a dozen news outlets.
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