Donald Trump continues to be the strongest witness for the media companies arguing that they were unfairly barred from the White House at his direction, a lawyer representing CNN, MS Now and Politico told a federal judge on Thursday afternoon.
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lawyer → continue → afternoon
The media coalition was in court asking the judge to extend the temporary restraining order (TRO) he issued on 24 September requiring the White House to lift the ban for 14 days.
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he → ask → days
That temporary reprieve was scheduled to expire on Thursday, but district court judge Timothy Kelly, a Trump appointee, said he would extend it until Tuesday and that he would likely rule on a motion for a preliminary injunction by that day.
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he → schedule → day
That means the White House will be forced to allow journalists from CNN, MS Now and Politico to continue accessing the building until at least Tuesday.
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journalists → mean → Tuesday
Theodore J Boutrous, who has represented numerous media companies that have sued the Trump administration over access issues, said the president made abundantly clear in a recent interview with Time magazine that he chose to bar the three news organizations because of their critical coverage of him.
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he → represent → him
(Under binding court precedent, news organizations cannot be removed from the White House for editorial or viewpoint-based reasons.
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organizations → bind → reasons
Asked by Time for the “impetus” for the ban, Trump replied: “It’s just bad story after bad story, and when I say bad story, I can handle bad stories.
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I → ask → stories
I’ve got a lot of bad stories.
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I → get → stories
Most of them are fake, and it’s not only CNN, and it’s not only MSDNC [sic].
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it → ’ → them
It’s a lot of other people.”
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It → ’ → people
He made no mention of national security concerns, one of the primary reasons that has been given by government lawyers as a rationale for the ban.
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that → make → ban
“The case has gotten stronger for the plaintiffs thanks to President Trump,” Boutrous told the judge, citing what he said was “a confession of viewpoint discrimination and retaliation”.
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he → get → discrimination
He added: “It’s really just absolutely clear …
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It → add → ?
President Trump, to give him credit – he’s not hiding it.”
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he → give → it
While the judge didn’t give a strong indication of which direction he was leaning, he accepted Boutrous’ argument when questioning the lone lawyer representing the White House, Michael Velchik.
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he → give → House
“The decision-maker seems to have said I’m taking this action because of X and Y, and the government is saying: ‘No, it’s Z,’” the judge said.
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judge → seem → X
“It just seems like that fact pattern is a hard one around.”
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pattern → seem → ?
Velchik, who began his argument by saying “the White House is a sacred place,” said a failure to adhere to basic standards of journalistic conduct was also one of the precipitating factors in the decision, something he said was in line with Trump’s comments criticizing the way that these three specific news organizations operate.
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organizations → begin → way
He also faulted the media companies for not responding to post-hoc letters giving the plaintiffs a chance to rebut the charges against them, something that Boutrous later described as a “sham process”.
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Boutrous → fault → process
In his ruling granting a TRO for the media plaintiffs, Kelly said the White House had violated constitutional requirements for due process by not giving the companies adequate notice for what the standards for acceptable conduct are and not giving them a chance to protest against the potential sanction in advance.
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standards → grant → advance
Nothing from Thursday’s hearing seemed to indicate that the judge had changed his thinking on that important standard, suggesting he is likely to adhere to his earlier decision-making and extend the lifting of the ban.
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he → seem → ban
The judge told the government’s lawyer that they “still have a notice problem, it seems to [him], or at least a notice issue”.
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it → tell → him
Kelly said the standards for adequate advance notice laid out in a binding circuit case involving a similar White House access issue “are probably the biggest hurdle you have”.
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you → say → issue
The Aporia
