Overnight, Trump’s justification for banning reporters was shot down by a Trump-appointed federal decide who rejected the DOJ’s claim that reporters were banned from CNN, Politico, and MS NOW for national security causes.
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Judge Kelly wrote in his ruling:
But the circumstances here are not so “extraordinary” as to allow deviation from the “essential principle of due process” that a deprivation of liberty “be preceded by notice and opportunity for hearing.” Cleveland Bd. of Educ., 470 U.S. at 542 (emphasis added). Zevallos holds that post-deprivation due course of may suffice in uncommon conditions, such as when “providing notice before blocking the assets of international narcotics traffickers would create a substantial risk of asset flight.” 793 F.3d at 116.
But nothing in the report suggests the need for such urgency here. Indeed, some of the reporting recognized by Defendants in the letters to Plaintiffs stretches back months or years. See ECF Nos. 16-1, 16-2, 16-3. The types of tales Defendants establish in the letters to Plaintiffs are routine. And as mentioned further below, the Court is skeptical—at least on this report—that Defendants’ curiosity in safeguarding national security is the precise motivation for, or is even superior by, the revocation of Plaintiffs’ arduous passes.
Finally, even if the circumstances here allowed for post-deprivation course of, Defendants are still left with the downside that, before the reporting at difficulty, Plaintiffs still did not “receive fair notice” of either the “conduct” that would lead to a sanction or of “the magnitude of the sanction that the White House might impose.” Karem, 960 F.3d at 665 (cleaned up).
In other phrases, Trump can’t take away press access, deny the reporters due course of, and then claim national security as a justification for doing whatever he needs.
The reporters from the three retailers show up at the White House for work and have their credentials confiscated.
It is clear that the White House is throwing a match over shedding in court and taking part in video games, but the only individual this hurts is Donald Trump.
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