\n Judge Tim Kelly expressed skepticism about the government\u2019s arguments to end his temporary restraining order and allow the enforcement of the White House media ban.\n <\/p>\n
\n Kelly repeatedly noted to the Justice Department attorney that he was bound by DC Circuit precedent \u2014 including the precedent that the administration was objecting to.\n <\/p>\n
\n One line of question for government lawyer Michael Velchik was focused the lack of notice the outlets received before the White House cut off their access. The case law around due process claims \u2014 one of the key claims the outlets are making in this case \u2014 says that only in \u201chair on fire\u201d situations can the government yank away a right it has granted a person without given them advanced notice, Kelly said, emphasizing a requirement that the government show there was \u201curgent need\u201d for taking immediate action.\n <\/p>\n
\n The situation in this case, however, seemed \u201cmore attenuated,\u201d Kelly said.\n <\/p>\n
\n The judge also grilled Velchik on the gap between the rationale that Trump has repeatedly given for banning in outlets \u2014 Trump, in repeated, public remarks pointed to their history of negative coverage of him \u2014 and the national security justification that the Justice Department is leaning on in court filings.\n <\/p>\n
\n Kelly said it was \u201cunusual\u201d that \u201cthe decision maker seems to have said \u2026I am taking this action because \u2018x\u2019 and \u2018y\u2019,\u201d and now the government is saying, \u201cit\u2019s \u2018z\u2019.\u201d\n <\/p>\n
\n \u201cIt just seems like that fact pattern is a hard one to find\u201d looking at other relevant cases, Kelly said, calling it an \u201cuphill climb\u201d for the Justice Department.\n <\/p>\n
\n Velchik argued that the Supreme Court decision upholding Trump\u2019s travel ban against mostly Muslim countries in his first administration supported the administration on this front.\n <\/p>\n
\n While Kelly seemed somewhat open to the idea that the White House could ban reporters for national security reasons in some contexts, he appeared skeptical of how the administration was trying to use that justification in this case. He asked Velchik to walk him through \u201cthe strongest things in the record\u201d that bolster the national security justification.\n <\/p>\n","protected":false},"excerpt":{"rendered":"Judge Tim Kelly expressed skepticism about the government\u2019s arguments to end his temporary restraining order and allow the…\n","protected":false},"author":2,"featured_media":875468,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[23,3,21,19,22,20,25,24],"class_list":["post-875467","post","type-post","status-publish","format-standard","has-post-thumbnail","category-united-states","tag-america","tag-news","tag-united-states","tag-united-states-of-america","tag-unitedstates","tag-unitedstatesofamerica","tag-us","tag-usa"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/875467","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/comments?post=875467"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/875467\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media\/875468"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media?parent=875467"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/categories?post=875467"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/tags?post=875467"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}