Nbcdfw iconNbcdfwSep 23, 2026 ~1 min source read

Judge set to rule on Trump administration's rationale for White House media ban

During the roughly 45-minute-long hearing, Kelly, a Trump appointee, appeared particularly focused on the "due process" — or lack thereof — that the journalists whose hard passes were revoked received. He said due process requirements laid out by the judges in earlier cases involving press access, including the appeals court, were not followed in this case.

Judge set to rule on Trump administration's rationale for White House media ban

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During the roughly 45-minute-long hearing, Kelly, a Trump appointee, appeared particularly focused on the "due process" — or lack thereof — that the journalists whose hard passes were revoked received.

He said due process requirements laid out by the judges in earlier cases involving press access, including the appeals court, were not followed in this case.

"The government says those cases were wrongly decided," Kelly said, but he has a "duty" to apply them in this case.

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The useful part

During the roughly 45-minute-long hearing, Kelly, a Trump appointee, appeared particularly focused on the "due process" — or lack thereof — that the journalists whose hard passes were revoked received. He said due process requirements laid out by the judges in earlier cases involving press access, including the appeals court, were not followed in this case. "The government says those cases were wrongly decided," Kelly said, but he has a "duty" to apply them in this case.

How it works

  • Ted Boutrous, an attorney for the outlets, told Kelly he should look past the administration's new arguments that the ban was motivated by national security concerns, and focus on what Trump has said about...
  • "He is our lead witness here," Boutrous said, pointing to Trump's comments over the past several days that the outlets were too "negative." "He keeps proving our point," Boutrous said.
  • Late Tuesday, the Justice Department defended the ban in a court filing, arg...

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