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D.C. Judge: Due Process Wasn't Followed in Trump Media Ban
NewsMax ^ | 09/23/2026 | Michael Katz

Posted on 09/23/2026 6:59:32 PM PDT by thegagline

A federal judge in Washington, D.C., questioned Wednesday whether the Trump administration provided due process when it barred three major media outlets from access to the White House.

U.S. District Judge Timothy Kelly said the administration's process did not appear to comply with two earlier D.C. Circuit rulings, Sherrill v. Knight and Karem v. Trump, requiring due process before reporters' hard passes can be revoked, the Washington Examiner reported.

"The government said those cases were wrongly decided," Kelly, an appointee of President Donald Trump, said at the hearing. "Maybe they were wrongly decided, maybe they weren't. But as a district court judge, I have to apply them.

I think it is fair to say the process the circuit laid out in those two cases wasn't followed here."

Trump announced Friday that CNN, MS Now and Politico were barred from the White House "effective immediately," accusing the outlets of reporting "FICTION and LIES." Reporters for all three organizations were denied entry to the White House grounds Saturday after their credentials were deactivated.

CNN, MS Now and Politico sued the Trump administration Monday, arguing that their exclusion based on the content of their reporting violates the First Amendment. The lawsuit also alleges that the administration violated their Fifth Amendment due process rights by revoking their White House access without notice or an opportunity to respond.

The Department of Justice defended the decision Tuesday in a court filing, arguing that White House access is a privilege rather than a right. The DOJ said the president can exclude outlets that he determines failed to meet standards of professionalism and decorum, including by publishing sensitive or classified information.

The administration said it gave the outlets an opportunity to respond in letters sent Tuesday that identified the reporting incidents it considered problematic, according to the Examiner.

***

(Excerpt) Read more at newsmax.com ...


TOPICS:
KEYWORDS: 5thcolumnonfr; boldfacedliar; boldfacedtroll; constitution; judgeblockstrump; judicialfiat; midtermtroll; propaganda; thefagline; thetdsline

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To: Mr. N. Wolfe

Ever since Mitch McConnell made timmy kelly a federal godlette, timmy’s been off the reservation.

Got in a snit because Trump made him lighten up on the J6ers and smooched jimmy acosta’s and XiNN’s treasonous butts.

timmy is a real POS.


21 posted on 09/23/2026 7:57:57 PM PDT by kiryandil (I give up with this crew of trolls)
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To: thegagline

🤣🤣🤣🤣👍. Well okay your judginess.


22 posted on 09/23/2026 7:58:01 PM PDT by rktman (Patriotism not 'hateriotism' !. Enlisted USN 1967 proudly. 🇺🇸)
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To: Dr. Franklin

“No need for political statements masquerading as questions.”

That’s Kaitlan “The Unibrow” Collins’ specialty...


23 posted on 09/23/2026 8:00:57 PM PDT by kiryandil (I give up with this crew of trolls)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; BraveMan; cardinal4; ...

24 posted on 09/23/2026 8:11:44 PM PDT by SunkenCiv (TDS -- it's not just for DNC shills and jihadists anymore -- oh, wait, yeah it is.)
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To: Rad_J
I thought due process only applied to criminals. Is the judge saying the media is on trial for crimes?

Both procedural and substantive due process apply to civil cases as well as criminal cases.

25 posted on 09/23/2026 8:15:24 PM PDT by thegagline (If you hate Christians, Vote Talarico. Sic semper tyrannis! Zeldin for President )
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To: thegagline

Technically, the government didn’t deny reporters passes, they denjed the media organizations passes. But I agree with you, he needs to just ignore them. He seeks out confrontation with them all the time, ultimately undermining his own efforts to do things like banning them.


26 posted on 09/23/2026 8:15:28 PM PDT by usafa92 (Donald J. Trump, 45th and 47th President of the United States of America!)
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To: thegagline

Judges can go and pound sand on things that don’t involve law. They have no right to be in the WH. No rights were violated. This is purely a matter of WH POLICY - and they broke it. Be gone!

This is definitely a line where you just shrug and say, “said what?”....and do nothing.


27 posted on 09/23/2026 8:26:06 PM PDT by fuzzylogic (welfare state = sharing of poor moral choices among everybody)
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To: thegagline
There is nothing in the Constitution that requires the president or his administration to call on and answer questions from anyone in the media

There is nothing in the Constitution that requires CNN, Politico and MSwhatever to be allowed into the Whitehouse.

28 posted on 09/23/2026 8:30:23 PM PDT by FreeReign
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To: FreeReign
There is nothing in the Constitution that requires CNN, Politico and MSwhatever to be allowed into the Whitehouse.

Here is the constitutional basis that has been adopted by the courts thus far[ this post is not me endorsing these decisions]

“We began by emphasizing that Sherrill’s claim “[wa]s not premised upon the assertion that the White House must open its doors to the press, conduct press conferences, or operate press facilities.” Id. at 129. But given that “the White House has voluntarily decided to establish press facilities for correspondents who need to report therefrom” and given that “[t]hese press facilities are perceived as being open to all bona fide Washington-based journalists,” we held that “the protection afforded newsgathering under the first amendment . . . requires that this access not be denied arbitrarily or for less than compelling reasons.” Id. at 129 (internal citations omitted). Moreover, “the interest of a bona fide Washington correspondent in obtaining a White House press pass” is not only “protected by the first amendment” but also “undoubtedly qualifies as [a] liberty [interest] which may not be denied without due process of law under the fifth amendment.” Id. at 130–131.

Karem v Donald Trump, US Court of Appeals, DC Cir (2020) relying upon Sherrill v. Knight, 569 F.2d 124(D.C. Cir. 1977) [please disregard the informal citations as I am exhausted and am not billing for this ;-) ]

29 posted on 09/23/2026 9:45:37 PM PDT by thegagline (If you hate Christians, Vote Talarico. Sic semper tyrannis! Zeldin for President )
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To: usafa92

Issue lots and lots of credentials. So many that all can’t be accommodated. So many that each credential is good for 1 day in the year. If it so happens that the bogus media day just happens to be a day where there’s no press conference, that’s the breaks.


30 posted on 09/23/2026 9:54:44 PM PDT by HombreSecreto (The life of a repo man is always intense)
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To: thegagline

The J6ers were imprisoned while being investigated. Maybe this judge should be imprisoned and investigated?


31 posted on 09/23/2026 11:21:19 PM PDT by The Duke (Not without incident)
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To: thegagline

“There is nothing in the Constitution that requires the president or his administration to call on and answer questions from anyone in the media.”

Until an Obama or Biden appointed judge says otherwise.


32 posted on 09/24/2026 1:44:22 AM PDT by lowbridge ("Let’s check with Senator Schumer before we run it" - NY Times Editor)
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To: thegagline

“There is nothing in the Constitution that requires the president or his administration to call on and answer questions from anyone in the media.”

Until an Obama or Biden appointed judge says otherwise.


33 posted on 09/24/2026 1:44:26 AM PDT by lowbridge ("Let’s check with Senator Schumer before we run it" - NY Times Editor)
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To: thegagline

“There is nothing in the Constitution that requires the president or his administration to call on and answer questions from anyone in the media.”

Until an Obama or Biden appointed judge says otherwise.


34 posted on 09/24/2026 1:44:28 AM PDT by lowbridge ("Let’s check with Senator Schumer before we run it" - NY Times Editor)
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To: Mr. N. Wolfe

A “Trump judge” in the real world where only nominees acceptable to the home state senators are in the judge pool. MD and VA populate the DC circuit, so the Senate blue slips come out hard against every non-extremist candidate.


35 posted on 09/24/2026 2:10:25 AM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves. )
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To: thegagline

How about the reporters get the passes back but the White House relegates them to a closet or dig up a 6x6 area where the pool was and relegate them there. No one said they have to be at the press conferences


36 posted on 09/24/2026 3:09:57 AM PDT by TermLimits4All ("If you stand for nothing, you'll fall for anything.")
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To: E. Pluribus Unum

This all seems to apply to legitimate journalists. None of the clowns being barred have the right to call themselves that. They are leeches, paid parasites…. Propagandists who rarely report facts , who almost never cover “news”. They lie at the behest of their masters- the democratic party. How hard would it be to produce a five minute video showing the obvious bias and dishonestly? Not hard. Ignore this judge.


37 posted on 09/24/2026 3:17:18 AM PDT by MrRelevant
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To: thegagline

Meanwhile, looks to me like CA has its own media ban...

https://x.com/christopherrufo/status/2102838028721176658

Paging the WH.


38 posted on 09/24/2026 3:37:10 AM PDT by mewzilla (Swing away, Mr. President, swing away! 🇺🇸 🏴󠁧󠁢󠁥󠁮󠁧󠁿, )
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To: thegagline

You can’t have government services that discriminate. Since people in the media can lie, it’s free speech, if you have a White House press briefing, you can’t discriminate those making up news and propaganda. Yes, surely Obama did this, but since he was an authoritarian and liberal, the judges didn’t do anything. Or, just quit making press briefings and release all of the important news to conservative sources on private property. Then all the rest of the press corps gets second hand news.


39 posted on 09/24/2026 3:41:06 AM PDT by Pete Dovgan
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To: blackdog
The administration should just completely ignore the 3 offenders. The President refuse to answer them. The press briefing refuse to call on their outfits. Operation Blackout.

The judges can't order the admin to talk to them.

40 posted on 09/24/2026 4:25:33 AM PDT by Kudsman (Killing and raping infidels, it's a cultural thing. )
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