Federal judge raises concerns about due process in suspension of credentials for news outlets in Washington

A federal judge from the U.S. District Court for the District of Columbia expressed doubts about the procedure followed by the presidential administration to revoke access to the White House complex for journalists from CNN, MS NOW and Politico.

Judge Timothy Kelly noted during a hearing that the measure appeared not to comply with the due process precedents established in 1977 and 2022 Court of Appeals rulings.

The legal dispute began after the administration notified the news organizations of the suspension of their credentials, citing violations of standards of professionalism and decorum due to the dissemination of inaccurate information regarding national security.

The affected media outlets turned to the courts, requesting a temporary restraining order to immediately restore their staff's access. Judge Kelly questioned why the Department of Justice's letters outlining the requirements for conduct were delivered only after the revocation had taken effect.

"I don't know how a letter they received after their press passes were revoked could provide them with the kind of standards to which they would have to adjust their conduct," the judge stated.

The arguments of the government and the news networks' defense

The news networks' legal team argued before the court that the justification based on national security constitutes an argument presented after the fact to justify the measure.

The defense attorneys insisted that the First Amendment was designed to allow journalists to exercise oversight over government decisions.

For its part, the Department of Justice's legal team defended the official position by arguing that access to the White House premises constitutes a privilege and not a right.

Government attorney Michael Velchik denied that there was discrimination based on the content of the coverage and maintained that the president must retain the authority to act swiftly when he believes national security is at stake.

Impact on international media coverage

The controversy has had immediate repercussions on media logistics in Washington.

Following CNN's exclusion from the television press pool that travels with the president, the other four networks that make up the system — CBS News, ABC News, NBC News and Fox News — decided to temporarily suspend joint coverage in protest of the measure.

This interruption in the pool's technical and broadcast services affected media coverage of official events scheduled in the capital on the eve of Chinese President Xi Jinping's arrival in Washington.

Judge Kelly concluded the hearing without issuing an immediate oral ruling, noting that he would issue his decision as soon as possible.