laverne cox

Trump-backed governor in the hot seat after vowing support for free press

After pledging to protect press freedoms throughout his nearly two years in office, Republican South Dakota Gov. Larry Rhoden found himself standing in front of reporters Friday with President Donald Trump as the president defended a decision to ban three news organizations from the White House.

Rhoden was in the Oval Office for an unrelated reason: to talk about Trump administration efforts to save money on prescription drugs in the federal-state Medicaid health insurance program for people with low incomes.

Earlier that day, Trump announced on social media that he was banning CNN, Politico and MS Now from the White House. Reporters asked Trump about that decision when Trump, Rhoden and several other officials — who were standing behind Trump as he sat at his desk — finished speaking about the prescription drug program.

Trump responded by alleging that the news organizations report “fake news,” and he expanded at length on those allegations. The three news organizations have since sued to regain their access.

South Dakota Searchlight asked Rhoden’s office Monday for the governor’s reaction to Trump’s actions and comments. Rhoden’s office sent a written statement that said “the president can make his own decisions.”

“I’ve built a strong relationship with all of you by being open and responsive, and you’ve lived up to my trust,” Rhoden said in the statement, referencing journalists in South Dakota. “You’ve shown me a tremendous deal of respect, and I am grateful for the role you play in helping us serve the people of South Dakota.”

Searchlight then asked if Rhoden was implying his office would not be open and responsive to journalists who haven’t “lived up” to the governor’s trust.

Rhoden’s spokesperson, Josie Harms, responded.

“That implication is inaccurate,” Harms wrote. “Openness and responsiveness will continue to remain pillars of the Rhoden administration — the governor is simply acknowledging his respect and gratefulness for your reciprocation of that commitment.”

The governor’s initial statement also said it was “ironic” that the president “was being criticized for being against free speech while Trump was actively taking questions from dozens of media.”

Searchlight asked if the governor recognized that three news organizations were losing their access to ask questions of Trump. Harms replied, “As the governor said, ‘The president can make his own decisions.’”

Rhoden’s past comments on open government

Since becoming governor in January 2025, Rhoden has repeatedly emphasized government transparency and has made improving relations with the press one of his stated goals.

In a 2025 column he sent to media outlets titled “Protecting Our Free Press,” Rhoden wrote that “tough, investigative reporting can lead to much-needed policy reforms.”

“I’m committed to making my administration the most transparent in our state’s history,” he wrote.

During the annual NewsMedia Day at the state Capitol earlier this year, Rhoden responded to questions from reporters about open government.

“We’ll always do our best to respond to your questions, and you might not always like the answers you get, but you’ll always get a response of some kind,” Rhoden said.

Rhoden’s opponent in the Nov. 3 election is Democratic nominee Dan Ahlers, a former legislator from Dell Rapids. Ahlers said Trump’s strategy since becoming president the first time has been to criticize and belittle reporters when he doesn’t like their reporting.

“I don’t hold a grudge against the press,” Ahlers said. “I don’t not communicate with the press when something doesn’t go my way.”

Trump suggests his face on Rushmore amid healthcare talk

Rhoden’s Friday appearance at the White House was for Trump’s announcement that all 50 states will join a program providing “Most Favored Nation” pricing to some drugs in Medicaid, with a goal of bringing the price of selected drugs down to prices paid in some other countries.

Rhoden’s office issued a press release Friday saying South Dakota has so far identified three drugs that would benefit from the program, saving the state approximately $750,000 a year. This year’s budget for Medicaid in South Dakota is about $2 billion, and the state’s share is about $715 million.

After Rhoden’s comments on the prescription drug program during the Oval Office event, Trump turned to him and made a comment about Mount Rushmore National Memorial that sparked laughter in the room.

“I’m being very nice to him,” Trump said of Rhoden, “because maybe he’ll get my face on that beautiful wall.”

Rhoden jokingly replied, “You want it on Crazy Horse?” He was referencing the other massive mountain carving in South Dakota’s Black Hills. The Crazy Horse Memorial, which has been in progress for decades, honors a late Lakota war leader.

Three Ts will dominate the Trump‑Xi summit –but don't expect much movement

When Presidents Donald Trump and Xi Jinping last sat down in May 2026, talk was centered on three Ts: trade, technology and Taiwan.

The latest summit, due to begin in the United States on Sept. 24, looks set to focus on the same set of issues again. The main difference will be that the technology element has been given added urgency by the sudden and rapid shift in developments in artificial intelligence.

What’s less clear is whether the two sides will be able to come to any sort of transformative agreement on that, or any other issue.

Tweaks to trade?

The most urgent issue, but also the simplest to solve, will be on trade.

Nearly a year ago at Busan in South Korea, Trump and Xi hammered out an agreement whereby the U.S. agreed to lift some export controls on high-end technology and to reduce the then three-figure tariffs on Chinese goods. For its part, China agreed not to restrict the flow of critical minerals and rare earths to U.S. users.

That pact is now up for renewal. Both sides are likely to want a continuation of the current arrangement, and while there may be some tweaking on the side, the new deal will probably be similar to the old one.

Each side has proposed in previous meetings that there should be a new instrument, a Board of Trade, that will assess non-sensitive U.S.-China business interests.

However, details about the institution remains vague. Some announcements are likely during the summit, but business leaders will want to know how comprehensive and lasting the arrangements for the board will be.

There is still less information on a proposed Board of Investment, which remains on the drawing board. The Chinese side has proposed bringing major Chinese CEOs to the summit to match the likes of Nvidia’s Jensen Huang and Tesla’s Elon Musk – both of whom accompanied Trump on the Beijing trip.

But the choice of business leaders is likely to turn on which aspects of trade China thinks are likely to develop most effectively in the short term.

The always thorny issue of Taiwan

Taiwan is a much harder issue to solve, but it’s unlikely that much that is discussed on Xi’s visit will determine its outcome.

Trump has been less willing than his predecessor to commit the U.S. to defending the island should Beijing invade, instead reasserting Washington’s long-held position of strategic ambiguity.

And although the U.S. is currently distracted from East Asia by the Iran conflict, China still prefers to find methods short of war to bring the island under Beijing’s control.

The island’s January 2028 presidential election is likely to be a more crucial moment for Taiwan’s future, particularly if the opposition — and more China-friendly — Kuomintang party wins the presidency, or indeed if an isolationist candidate becomes U.S. president later that year. If the next U.S. president opted to change course by taking a less active involvement in overseas issues — as has been floated by early contenders on both the left and right — that would change things all the more.

For now, Beijing will continue to build the People’s Liberation Army’s naval capacity to have the option of military action against the island. But its preference will be to take advantage of changes within Taiwan’s internal politics while combining economic incentives and coercion, squeezing Taipei’s international footprint and hoping for a slackening of U.S. interest in the western Pacific.

Other international issues are likely to gain less attention. China is expected to make clear its unhappiness about the war on Iran, and the U.S. may remind China that it has passed new legislation allowing sanctions on countries that buy Russian oil – of which, China is the largest purchaser. However, neither issue is likely to lead to any major change in practice.

Turning to tech

It’s really in the area of tech, and AI in particular, where both sides will be trying to make diplomacy catch up with reality. The May summit surprised many because the question of mutual agreement on regulation of AI came up in a way that had not been on the agenda for the first year of the Trump administration.

However, both sides agreed that talks in principle about regulation might be possible and even desirable because of the growth in the importance, but also unpredictability, of AI. And on Sept, 20, the U.S. and China mooted the idea of a “hotline” to notify the other over AI national security risks.

Between the May and September summits, fears about AI in the U.S have created an increasingly unfriendly atmosphere toward unregulated AI.

In China, public sentiment about AI is less openly hostile and some of its major benefits in areas such as healthcare have softened people’s attitudes. Yet there are still plenty of concerns expressed in private about whether China’s troubled economy will definitively benefit from the AI boom. Although many argue it has created new opportunities for consumers, others point to the relatively few jobs that have been created for a workforce that finds itself buffeted by wide-scale job elimination.

Both the U.S. and China have reasons to talk about AI regulation. The alarming prospect of rogue AI companies causing intense social disruptions through their business choices is clearly one such reason, and in the U.S., voters’ more immediate concerns about data centers are another.

There are also China-specific reasons that Beijing may seek restraint. One of the most common concerns about AI is that it may well run out of control. And “out of control” is a kryptonite phrase for the leadership of the Chinese Communist Party. That’s particularly true of Xi who, as a youth, spent years in rural exile after his father fell to a purge just before the Cultural Revolution – an upheaval during which China’s politics turned to anarchy. It was a formative experience for Xi, which has no doubt influenced his tendencies as a leader toward exercising as much control as possible.

AI that undermines the unchallengeable leadership of the Communist Party would be an unwelcome guest in China’s cyberspace, and regulation that solves that problem would not be rejected out of hand.

However, this recognition of mutual concern about AI – albeit for very different reasons – is still not likely to see much progress in the short term. The competition between the U.S. and China on AI is real, and neither governments nor private sector actors in either country are willing to make concessions that could advantage the other side.

Levels of trust between Washington and Beijing remain very low on the issue. Talks about talks seem the most likely public outcome, though what happens behind the scenes may be pursued more discreetly.

It’s good to talk

The Trump-Xi summit is less important in terms of any major change in policy on either side, and more because it marks part of a commitment to maintain some form of dialogue between the leaders of the world’s two most powerful countries. The leaders may well meet twice more in the near future, at the G20 and APEC summits.

To meet four times in just over half a year is a good sign; refusal to meet would be much more worrying.

But the underlying difficulties of the three Ts, where the leaders seem to have fundamentally incompatible agendas, remain the thread beneath the ostensibly polite and occasionally amiable conversations.The Conversation

Rana Mitter, Professor of U.S.-Asia Relations, Harvard Kennedy School

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Press has a 'slam dunk' case against Trump — but he still holds the cards

A top legal expert told MS NOW that "precious little" legal recourse exists to punish President Donald Trump's officials for going along with his new press ban and his many other illegal actions.

Trump last week announced out of nowhere on Truth Social that he was banning MS NOW, CNN and Politico from the White House, rehashing his longstanding complaints about "fake news" and accusing the networks of intentionally lying about him. The fallout from this ban was swift and damning, with numerous other news outlets condemning the decision and offering support for the three targeted outlets. On Monday, the entirety of the White House press pool announced that it would not be covering presidential events in solidarity, amounting to a boycott of the White House by the major news networks, ABC, CBS, NBC and Fox.

Additionally, the three targeted networks filed a lawsuit against the Trump administration, calling the ban a blatant violation of the First Amendment. During a Monday afternoon appearance on MS NOW, legal analyst and former FBI general counsel Andrew Weissmann told host Nicole Wallace that the networks were almost guaranteed to win the suit, stressing that the result is so likely that he was breaking his personal rule against making predictions.

"You're going to win. It's that simple," Weissmann said. "This is not a close case ... This is a due process violation. It is a First Amendment violation. You know, Nicole, you know me well enough that I usually don't engage in predictions or I say words like, 'it seems' or 'there's a fair likelihood,' et cetera. This is a slam dunk. And the president has to know it."

Later in the conversation, Weissmann lamented that there was "precious little" to be done legally to hold Trump officials to account for enabling this ban and the president's other unlawful actions.

"Precious little, and it's almost by design," Weissmann said. "So on the one hand, you could say that there's potential federal liability, but remember, the president has the pardon power. And so you can be sure that when he leaves office, there is going to be a flurry of pardons. He's already talked about that. And he obviously has issued already more pardons than any president that we've ever seen in connection with January 6th and others. The one thing that holds lawyers to account is that lawyers can be sanctioned and they can be disbarred."

He added later: "This is a long way of saying that for people who are really upset and shocked by this, for this kind of blatant, unconstitutional activity, it is a reason to vote. And I'm not saying Democratic or Republican. I'm just saying, vote for somebody who believes in the rule of law."

"Which is only the Democratic Party as we meet here today," Wallace added in response.

Trump overstays welcome at NYC mayor podium after he was 'supposed to leave'

President Donald Trump on Monday appeared to overstay his welcome at the podium of New York City Mayor Zohran Mamdani after the mayor’s team attempted to dismiss the president from a press conference at Gracie Mansion.

Trump and Mamdani appeared before the press after a meeting at the mayor’s home. The meeting and press conference came after the president over the weekend banned certain news organizations from covering the White House. That ban, in turn, prompted the multiple news organizations to sue the Trump administration and decline White House pool duties in solidarity with their fellow outlets.

Asked about the media ban, Mamdani said he “told the president that we’re going to have all the members of the press here on the lawn."

Trump was similarly asked if he’s banning outlier “in order to distract from the Iran war and high gas prices, and took the opportunity to discuss his “landslide” 2024 victory.

“It’s interesting because they said they were going to boycott me, but they never boycott me,” Trump said to the assembled media. “So I wasn't very worried about that. Look at all that press. But no, I'm not.”

“I'm only doing it because I think the press also has an obligation. And, you know, I won in a landslide. I won the election in a landslide. I've done great things. I've done a lot of great things,” he said. “… I never get anything positive. It's always negative. Even having to do with the war. We've done so well.”

A press staffer for Mamdani then said the that was “all the time the president has,” as the president remained at the podium. As another reporter began to ask a question, the stagger said “the mayor will stay to take a few questions.”

Trump then jumped in to answer the question asked of Mamdani.

“All right. The mayor will have time for a few more questions,” the mayor's staffer repeated as Trump again remained at the podium.

Discussing the president’s appearance next to Mamdani, New York Times journalist Lulu Garcia-Navarro noted “Donald Trump was supposed to leave.”

“Of course, if there's a microphone and a camera, it's very rare that he would,” she added as CNN jumped back to the news conference, which promptly ended with Trump still by Mamdani’s side.

Judge tears apart Florida teacher firing following Charlie Kirk post

The state should drop charges, including an allegation of gross immorality, against a Duval County teacher who posted about Charlie Kirk after he was killed, an administrative law judge has recommended.

The decision came last week, addressing charges against Hope McMath, who was an advanced placement art history teacher at Douglas Anderson School of the Arts, a magnet high school in Jacksonville, when Kirk was killed in Utah in September 2025.

Her Facebook post positioned the shooting as “Karma,” referring to Kirk’s comment, “I think it’s worth to have a cost of, unfortunately, some gun deaths every single year so that we can have the Second Amendment to protect our other God-given rights. That is a prudent deal. It is rational. Nobody talks like this. They live in a complete alternate universe.”

Additionally, according to the state, she “posted or reposted an artist’s rendition of an individual holding the screaming severed head of what clearly is intended to represent the President of the United States, Donald Trump.”

Even so, Administrative Law Judge Garnett Chisenhall wrote that the state provided “no competent, substantial evidence that the social media postings at issue impaired Ms. McMath’s service in the community.”

“The social media postings did not reflect any use, attempted use, or threatened use of violence by Ms. McMath,” the judge wrote, adding that the state “has not argued that Ms. McMath’s post was a legitimate threat to sever President Trump’s head.”

Chisenhall recommended the Education Practices Commission dismiss the charges against McMath, which include gross immorality, personal conduct that seriously reduces effectiveness of an employee, violating the principles of professional conduct required by the Florida Board of Education, reasonably protecting students from conditions harmful to learning, and taking responsible precautions to distinguish between personal views and those of the institution.

Also in September 2025, the school board adopted a policy establishing that an employee’s “inappropriate or unbecoming Material on publicly accessible websites” “has the potential to disrupt the educational process, damage the reputations of the District, it’s [sic] teachers and staff, damages the District’s reputation and stature, and subject the District, its teachers and employees to ridicule.”

McMath’s post did none of that, Chisenhall concluded.

“In short, there is no evidence indicating that anyone could reasonably conclude that Ms. McMath’s sentiments were shared by her employers,” he wrote.

‘I was not celebrating’

The district issued McMath “a verbal warning” with “coaching/counseling,” and “a temporary reassignment to the School District’s Art Resource Center with no teaching duties.”

“I was not celebrating, and the language in that post and the intention behind that post was not celebratory,” McMath said during the proceedings, per the court record. She didn’t post the comments while on the clock at school.

A district investigation did not determine McMath had disrupted district operations. Furthermore, the evidence shows no teacher, administrator, or student complained, and no student viewed the social media posts.

According to the principal at the school, “The content of the posts never came up at the school. Students weren’t talking about it. Teachers weren’t talking about it. Parents weren’t talking about it. They were aware because it was in the news, but nobody ever brought it up as far as a concern of her being in front of their children.”

Shortly after Kirk’s killing, then-Education Commissioner Anastasios Kamoutsas wrote a letter to school superintendents statewide, reminding them that he has the power to discipline educators and sanction their certificates for probable cause, including “personal conduct that seriously reduces that person’s effectiveness as an employee of the district school board.”

McMath, according to the court record, has not been in the classroom since the incident.

“Content that trivializes a homicide and that generally depicts the decapitation of a national figure is a condition harmful to learning and to the mental health of the adolescent students who encounter it,” the state argued.

Chisenhall said he has seen no “persuasive explanation for why” McMath was reassigned away from students.

Federal lawsuit

McMath is plaintiff in a federal lawsuit against the Duval County school district, Florida Department of Education, and Moms for Liberty and its Duval chapter. “While not state entities, they are in some way managed, run or have significant influence on the individual Defendants herein,” that complaint says of the organization.

In that suit, she alleges retaliation, content and viewpoint discrimination, malicious prosecution, defamation, and tortious interference.

In May, the state settled with a state-employed biologist fired after posting about Charlie Kirk after his killing. The state owes half-a-million dollars to the now-former state employee.

The hidden force behind the Supreme Court’s high-stakes decision

Election officials exhaled when the Supreme Court recently ended months of uncertainty by blocking the Trump administration from restricting mail ballots this November.

The Supreme Court decision clears the way for millions of Americans to vote by mail, just as they have in previous elections, though availability ranges widely from state to state.

“It’s a relief and it’s palpable,” said Marybeth Kuznik, the elections director for Pennsylvania’s Fayette County. “I honestly don’t know how we could have complied with (the Postal Service’s restrictions) at this point in the election cycle.”

But the administration’s efforts to tighten access and the chaotic legal battle that ensued left voters worrying that voting by mail could be disrupted or unreliable.

Now election officials are working to reassure them.

For months, people across the political spectrum voiced concerns about the new proposed U.S. Postal Service rules pushed by President Donald Trump. Election officials from both major political parties played a central role in the Supreme Court debate. More than 80 of them, including Kuznik, signed onto a brief warning that they wouldn’t have time to meet the new requirements before the November election. Several Republican secretaries of state, including officials from Kentucky, Georgia, and Kansas, urged the court to freeze the plans because of the chaos they would create for an election now less than 50 days away.

Those pleas appear to have been decisive for at least one justice, Brett Kavanaugh, who wrote a concurring opinion saying he thought there was a fair chance the rules would hold up to legal scrutiny, but applying them in the 2026 elections would be “arbitrary and capricious” because “state and local election officials do not have sufficient time to reasonably implement the rule.”

Now, election officials who have been for months raising concerns about an entirely new vote by mail system have to communicate to voters that the old one is safe to use, even as Trump continues to denounce it. Despite voting by mail himself last month in Florida, Trump attacked the process on social media as a “disaster” and “Nation Destroying SCAM” that made America the “laughing stock all over the World.”

Some election officials and experts said they are seeing fewer absentee ballot requests than expected.

“It has already caused all sorts of voter confusion, and even though the rule is not in place for this election, that’s not to say that there won’t be some voters that think that it is,” said Tammy Patrick, the chief program officer at the Election Center, a national nonprofit association for election administrators. “So it’s going to be incumbent on all of us to make sure that we just keep up the mantra that nothing has changed as a result of the rule.”

Patrick, who filed an expert declaration in the court cases challenging the Postal Service rules, said the best thing voters can do is get their ballots in as early as possible.

Dana Lewis, the recorder who oversees elections in Arizona’s Pinal County, joked that she wears six-inch heels so she can pivot on a dime, something that gave her the dexterity to keep up with this topsy-turvy election season.

Lewis, a Republican, has invested heavily in her county’s drop box system, which includes 24/7 video monitoring and GPS-locked ballot boxes for tighter security, something she believes should give voters confidence that their ballots will be kept safe. Roughly three-quarters of Arizona’s voters cast mail ballots in 2024, federal data show.

“Trust the system,” Lewis said.

But not everyone does. The court ruling came in parallel with a new poll showing a precipitous decline in public confidence in the nation’s electoral system. The University of California, San Diego survey found that just 55% of respondents trust that the vote would be counted fairly, compared to 71% in 2024.

The poll also found just 49% of Americans expect the upcoming election to be free and fair.

That’s in line with other polling, including a recent Pew Research Center survey in which 55% of respondents said they thought the upcoming election would be free and fair, an historic low for the question they have asked over the past six years.

Dion Nissenbaum is Votebeat’s senior national reporter and is based in Houston. Contact Dion at dnissenbaum@votebeat.org.

The 1977 legal precedent set to tank the White House crackdown

The president is going after the press again.

On Sept. 19, 2026, journalists from CNN, MS NOW, and Politico were denied access to the White House after President Donald Trump revoked their credentials, citing “their constant ‘reporting’ FAKE NEWS!” On social media, Trump posted, “Media Outlets shouldn’t be able to constantly write or report FICTION and LIES when they’re covering the President.”

This is not Trump’s first attempt at banning journalists from the White House. During his first term, he sought to ban CNN’s Jim Acosta by revoking his credentials following a contentious news conference about the 2018 midterm elections.

In that conflict, CNN quickly filed a lawsuit, arguing that, “If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials.”

Journalism organizations also responded. The Committee to Protect Journalists, the Radio Television Digital News Association and even Acosta’s peers at The Daily Caller – a right-leaning news outlet – condemned the White House ban.

A federal court granted CNN a temporary injunction – reinstating Acosta’s press pass. The Trump administration later restored Acosta’s credentials, and CNN dropped its lawsuit.

Many commentators and members of the press have called Trump’s latest ban on the three news organizations a violation of the First Amendment.

White House Correspondents’ Association President Jacqui Heinrich said on X, “Today’s action revoking access for journalists from CNN, POLITICO, and MSNOW violates the First Amendment.”

Even George Washington University law professor Jonathan Turley, who staunchly supports Republicans and frequently criticizes the press, said on X that the ban “would be an assault on long-honored principles of a free press.”

As Turley and many others have argued over the weekend, Trump’s ban is almost certainly unconstitutional under the First Amendment, which states that “Congress shall make no law … abridging the freedom of speech, or of the press.” Media law professor Frank LoMonte argued in 2018, “The First Amendment guarantees all Americans freedom to speak and publish without government interference.”

But they may be missing a crucial point. In fact, there’s more than one constitutional right involved in such a case. The judge who restored Acosta’s press pass in 2018 primarily based his ruling on the reporter’s Fifth Amendment rights to due process, not on the First Amendment.

And in my view as a constitutional law professor, it is less clear whether the press has a constitutional right of access to the White House even though past presidents have honored and respected the press’s access to the executive branch.

While several Supreme Court cases, such as Richmond Newspapers v. Virginia, unequivocally provide the press with a right of access to criminal trials, there is no Supreme Court precedent that specifically provides a clear constitutional right of access to the White House.

Make that two constitutional rights

In one case from 1977, Sherrill v. Knight, Robert Sherrill, the Washington correspondent for The Nation, was – after holding press passes over several years – denied a press pass because the Secret Service advised he should not be given one. The Secret Service refused to disclose their justification.

Sherrill sued, and the D.C. Circuit Court of Appeals concluded that the Secret Service cannot deny a White House press pass absent “narrow and specific standards by which applications are to be judged.”

The court required the White House to provide the press with “notice of the factual bases for denial, an opportunity for (them) to respond to these, and a final written statement of the reasons for denial (of a press pass).”

In the court’s view, these requirements – notice and an opportunity to rebut the bases for the denial of a press pass – are protected by two constitutional guarantees working together, the press protections in the First Amendment and the Fifth Amendment’s protections from arbitrary deprivations of “life, liberty, or property, without due process of law.”

In other words, before the federal government can deprive an individual of their life, liberty or property, the federal government must provide that individual with due process, whose purpose is widely accepted as preventing “arbitrary governmental actions.”

Due process is key

There are a number of Supreme Court decisions that could be key in the current journalists’ lawsuit, which was filed on Sept. 21, 2026.

Among them is Mathews v. Eldridge from 1976, in which the Supreme Court stated that due process is flexible depending on the extent of the liberty or property interest at stake. But in general, the justices said, due process requires the government to provide notice to the individual and an opportunity for the individual to present their case before the deprivation occurs.

In Sherrill v. Knight from 1977, the court ruled that the denial of a press pass implicated a First Amendment liberty interest. That interest, the court wrote, “undoubtedly qualifies as liberty which may not be denied without due process of law under the fifth amendment.”

This nuance – the First and Fifth Amendment working in tandem – is what most commentators and critics are missing in their response to the recent ban of CNN, MS NOW and Politico. In fact, these outlets collectively lead with their claim that the Trump administration violated their Fifth Amendment right to due process in their lawsuit to block Trump’s ban.

“Even if attending a White House event is not a constitutionally guaranteed right, that doesn’t mean the government is free to take it away as punishment,” LoMonte argued in 2018.

Based on public reporting, it is clear that the Trump administration did not provide CNN, MS NOW or Politico with clear written notice stating the reasons for the revocation of their press passes. It certainly did not provide the outlets with an opportunity to rebut Trump’s unsupported claim that they report “FICTION and LIES.”

The same Trump-appointed judge who decided the CNN Acosta case has been assigned to the latest press ban case. So, if the CNN Acosta case is any indication, I expect the federal judge to promptly, but temporarily, reinstate the news outlets’ press passes while Trump tries to argue that his actions are constitutional, which in my view, they are not.The Conversation

Wayne Unger, Associate Professor of Law, Quinnipiac University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

The ultimate revenge: Trump was just deprived of his favorite thing

Everyone in the world knows how much Trump craves attention, especially televised attention.

After all, his political career emerged from reality TV. He’s known to watch several television screens simultaneously in the White House. He views much of what he and his regime do through the lenses of television (even deciding on cabinet and sub-cabinet officials on the basis of how they look on TV).

So today’s TV blackout of his trip to the United Nations General Assembly must cause him some anguish.

He has no one to blame but himself.

On Friday he announced he was banning CNN, Politico, and MSNOW from the White House because he objected to their coverage of him and his regime. Over the weekend, reporters from the organizations were denied entry to the complex and had their credentials confiscated.

In a commendable show of media solidarity, Fox News Media, ABC News, CBS News, and NBC News then suspended their television coverage of Trump today — coverage that also entails distributing their footage to news organizations worldwide. They said in a joint statement: “No administration should restrict a news organization because it objects to its reporting,” the four other major news organizations.”

Which means Trump has no TV coverage today because the above-mentioned networks — plus CNN — had long performed the television duties on a rotation, and CNN had been slated to provide coverage for Trump’s travel today to New York. (Trump’s activities today are still expected to be covered by print, radio and wire journalists, along with still photographers.)

The American public is ill-served by a megalomaniacal authoritarian in the White House who refuses to allow negative coverage.

But the solidarity of the media reveals a fundamental truth about this megalomaniac: The most successful way to respond to him is to unite against him.

Had the big universities he attacked united against him, his power over them would have been far more limited. Same with the law firms he bullied. Similarly with nations. (Canada’s move toward the European Union in light of Trump’s bullying is exactly right.)

Bullies can’t continue to bully if the people and institutions they seek to bully won’t succumb to the bullying — especially if they unite.

Robert Reich is a professor of public policy at Berkeley and former secretary of labor. His writings can be found at https://robertreich.substack.com/.

The reviews are in: Trump’s vanity-fest backfires on him — and the GOP

Nearly two weeks on from the Republican Midterm Convention in Dallas, pundits and pollsters have had the chance to look over the response and judge its impact, and the news isn’t good for the GOP. The event – dubbed “Trumppapalooza” and intended to rally unenthusiastic conservative voters – appears to have had the exact opposite effect. As the Week notes, in the wake of the convention, President Donald Trump’s approval rating has fallen to an all-time low.

According to the Week, “The music was loud, the flags were everywhere, and the ‘sense of panic’ was inescapable, said Nikki McCann Ramirez in Rolling Stone. With Election Day less than two months away, and polls showing Republicans in danger of losing both the House and Senate, the GOP earlier this month held its first-ever midterm convention in Dallas. The MAGA luminaries addressing ‘Trumpapalooza’ barely mentioned soaring gas prices or the quagmire in Iran, the related catastrophes that have dragged Trump’s approval rating down into the mid-30s. Instead, they gushed over Trump’s leadership; warned of an America overrun by Islamists, ‘killer migrants,’ and trans athletes if ‘evil’ Democrats win, and left it to Trump himself, addressing both nights of the event, to rally the MAGA faithful.”

But as New York Times columnist Jamelle Bouie put it, “The cult of Trump is waning.” Thousands of seats went unfilled, many left empty by candidates who skipped out entirely, leaving fewer attendees to follow in the pledge Trump had them recite to “the greatest president in the history of the United States” before promising to “cheat like hell” in November.” He went on to promise a $5000 check to every adult American if Republicans win both houses of Congress in the midterms, but as the Week notes, “Far from juicing turnout for the GOP, Trumpapalooza may have just reminded the voting public of why they need to elect Democrats.”

“No one is falling” for Trump’s dividend “gimmick,” said the Washington Post. As the Week elaborates, “Congress would need to approve the payout, and not even the GOP’s Trumpified House delegation wants any part of a vote-buying scheme that would turbocharge inflation and add another $1.2 trillion to the $40 trillion national debt.” According to the Atlantic, Trump’s “$5,000-check promise may be the moment he finally underestimated his audience.”

“Does he really think voters have forgotten the DOGE ‘refund’ checks that were supposedly in the mail?” asks the Week. “Or the ‘tariff rebate’ checks he also promised? Trump’s free-money ‘ruse,’ like the rest of his shtick, has worn thin.”

Ex-'MAGA diehards' reveal why they have champagne ready for Trump’s demise

A group of former "MAGA diehards" revealed what has turned them so viciously against President Donald Trump in a piece for The i Paper, with one revealing that they now have champagne on standby to celebrate his demise.

Trump still retains considerable sway over his devoted MAGA base of supporters and the Republican base at-large, given how effective he was at launching primary challenges against his perceived enemies. Nevertheless, his historically unpopular second term has lost him the support of many voters who gave him a chance in 2024, including a not-insignificant number of people who once considered themselves to be MAGA faithfuls.

On Monday, The i Paper published a new piece detailing the stories of several of these former MAGA followers and what drove them away from the president over the past 20 months and change. Courtney Rosenberg, a 38-year-old telecoms account executive from Detroit, told the outlet that she was all in on Trump, as well as several false narratives and conspiracies surrounding his movement, "including that slaves who were brought to America in the 1800s were coming for a better life and that Democrats were trafficking children through cabinets sold by Wayfair, the US homeware retailer." She once described Trump as the "perfect candidate" and bought his promise to "drain the swamp."

Now, her feelings have shifted dramatically.

“I hate him and I have a bottle of champagne in the fridge for when he leaves office,” she told the outlet. “He is an evil person. It feels like he wakes up every day and thinks: ‘How can I needlessly hurt people?’”

She added that she had long been drawn to "strong, powerful men like her early boyfriends and their fathers," and saw the same energy in Trump, also believing that he could run the country like his real estate businesses after seeing him on The Apprentice. After the 2020 election, and especially the "mortifying" January 6th attack on the U.S. Capitol, "spent two years educating herself on the history of racism and capitalism and switched political sides," now describing herself as close to a "Democratic socialist."

"Trump is the personification of what a lot of this country was built on, greed and selfishness," she added. “I really thought he was very charismatic. I loved his candor … regardless of all the things that were rough or crass … It charmed me."

Rosenberg also joined up with others who took a similar path when she found the "Leaving MAGA" movement, which includes "a few dozen former Trumpers who meet every Tuesday for a support group they jokingly call MA, or 'MAGA Anonymous.'"

"Founded by ex-MAGA activist Rich Logis in 2024, the group has put up signs in 27 US states to attract new members who have soured on Trump," the report detailed. “'Having Doubts? You Are Not Alone' read the billboards, which include a link to the website LeavingMAGA.org."

“The way to look at MAGA is not through the prism of ideology but through the community it provides,” Logis explained. “It’s a community where [many] feel seen and heard and appreciated for the first time. We don’t refer to MAGA as a cult because we want to get people out of it. Calling them cultists makes them dig their heels in deeper. We want to give them a pathway to leave.”

Logis told the outlet that he joined the MAGA movement after moving to Florida from New York, and saw Trump as a candidate to "obliterate the political order."

"I viewed Trump as the titular leader of a new movement that I considered to be something akin to a second founding of America,” Logis said. “There was a very militant mindset within MAGA. Our point of view was, if you’re not 100 per cent with us you’re 100 percent against us. Now I realize I was addicted to fear and rage and that fear and rage kept me in these perpetual states of despair, panic and paranoia.”

Trump mocked for raging about losing case judge hasn’t even ruled on yet

On Monday, President Donald Trump got a head start on venting his anger toward a court ruling that hasn’t happened yet, raging on social media about a judge he himself appointed. The president was responding to news that a lawsuit filed against him and his officials by press organizations banned from the White House had been assigned to a judge who had previously ruled against him, and he was decidedly unhappy about it.

According to Trump, “As expected, Fake News CNN, Politico (Pay back the 8 Million Dollar contribution made by the U.S. Government to keep them afloat!), and MSNOW (formerly known as MSDNC!), have brought suit to gain access to the White House, and your President, ME! They have drawn a great Judge, for them, a man who ruled in favor of Jim Acosta, who now seems to have disappeared from the Planet. The Judge’s name is Tim Kelly, and he was, sadly, appointed by ‘TRUMP.’” The president asserted that he will appeal the judge’s decision – which has not been handed down yet as the case not even heard – “almost without question.” He went on in that vein for a while, ranting that the White House had been “defiled by Third Rate Clowns,” touting his 2024 election victory, and saying he will do “whatever is necessary” to save the country from “fake news.”

“Trump says he will appeal ruling on his media ban,” noted First Amendment lawyer Adam Steinbaugh. “The court has not yet ruled.” He then added, “Trump is right: he is going to lose.”

“I appreciate Trump acknowledging, before any briefs are filed by the DOJ, that he is 100 percent going to lose at the District Court,” jibed attorney Aaron Reichlin-Melnick.

The lawsuit follows Trump’s announcement over the weekend that he was banning Politico, MS NOW, and CNN from the White House in response to what he called “purposefully negative stories.” According to CNBC, “Journalists from the outlets were prevented from entering the White House on Saturday and had their credentials taken away, a day after Trump announced he would bar them from working there.” After the outlets filed suit, “Judge Timothy Kelly later Monday ordered the Department of Justice to respond to the outlets’ request for a temporary restraining order against the ban by Tuesday.”

“This ban could not be a more direct assault on the First Amendment nor a more blatant violation of our most fundamental constitutional principles,” the lawsuit says, arguing that the ban has already “severely impeded the ability of” the three outlets to cover Trump and his administration. The ban has also caused issues for the president himself, who, during a press event shortly after the suit was filed, was unable to be heard due to the lack of microphones.

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