DOJ makes 'striking admission' as judge corners lawyer on Trump influence

Camera equipment shows U.S. President Donald Trump as he attends an event to sign executive orders related to beef, in the Oval Office of the White House, in Washington, D.C., U.S., September 4, 2026. REUTERS/Evelyn Hockstein

Lawyers for CNN, MS NOW and Politico appeared in court Thursday, where they challenged President Donald Trump's administration over the White House ban on reporters.

Justice Department lawyer Michael Velchik claimed the White House was a “sacred place” and alleged the news outlets' conduct was indefensible, an MS NOW report said.

According to the president, the outlets published "fake news" over the years. There were no specifics in Trump's allegations, only that the reporting was "fake" and that it endangered national security. “FICTION and LIES” he wrote on Truth Social, are illegal and he was banning them "immediately."

Reporters were denied entry beginning September 19. Politico said the Secret Service took a reporter’s credentials, while MS NOW confirmed its journalists were barred from the grounds.

The three outlets officially filed the lawsuit on Sept. 21, and subsequent filings followed. They alleged that their credentials were revoked without notice or due process because Trump disliked their reporting. They called the ban unconstitutional retaliation and viewpoint discrimination.

Ted Boutrous, who represents the news outlets, told the court that Trump's actions amount to "viewpoint discrimination." He also said that the government still hasn't backed up its allegations that the outlets somehow endangered national security.

U.S. District Judge Timothy Kelly seemed to agree, saying toward the end of the hearing that Trump's "ban" didn't address a specific "emergency," former CBS News reporter Scott MacFarlane posted on X.

Boutros also called the president's actions "textbook retaliation."

Kelly also commented that the White House faces a "notice problem." Legal analysts say the Fifth Amendment requires adequate notice for due process before the government acts against someone. That didn't happen in this case.

Kelly also said that as a judge he's bound by court precedent. The DOJ claimed that the precedent is wrong.

The DOJ said, "it is within the discretion of the president to say, ‘I am concerned with a specific reporter.'"

Those reporters tend to be CNN, MS NOW and others. But Trump frequently asks reporters who they work for when they ask a question that he doesn't like. He then rails at them, calling them "fake news," "dumb" or "stupid."

Velchik says that the president "doesn’t mind negative press stories, if he deserves them." The challenge is that Trump has never believed he deserves critical press or fact-checking. Trump snapped and walked out of an interview after a reporter fact-checked him on voter fraud.

While the case is currently in federal district court, any ruling is likely to be appealed.

At the end of the hearing, the DOJ made what MS NOW called a "striking admission" to the judge that he has no real control over whether the White House follows the law.

"Just to drive home the point that it’s really the president making these decisions,” Velchik said.

“There’s a lot of different concepts that have been admitted in the air to justify what the government has done here,” Kelly said.

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