Thursday, September 24, 2026

Trump administration has a history of ignoring or violating court orders, and that could be happening today as journalists are blocked despite court order restoring access

(Threads)


Several journalists today report being denied access to the White House despite a federal judge's overnight ruling granting a temporary restraining order that immediately ended the Trump administration media ban. It was not immediately clear if the White House was openly defying the court order or if something else caused the denials. Newsweek reports on the latest under the headline "White House blocks reporters entering despite court order." Matthew Robinson and Billal Rahman write:

A number of journalists have reported being denied entry to the White House on Thursday despite a judge ordering President Donald Trump's administration to immediately restore their access.


The White House banned journalists from CNN, Politico and MS Now from entering the complex last week after Trump accused them of reporting "fiction and lies."

But U.S. District Judge Timothy James Kelly issued a temporary restraining order early Thursday preventing officials from enforcing the ban for 14 days while a legal challenge by the news outlets proceeds.

Despite the court order, journalists from all three outlets reported being denied access when attempting to enter the White House on Thursday.

Robinson and Rahman spoke with several journalists and outlets who shared their stories of being told they could not enter as usual:

CNN said that its reporter Betsy Klein and a photojournalist were denied access despite multiple attempts, and that no reason was provided. Politico and MS NOW also reported that their reporters were denied access.

MS NOW reporter Laura Barrón-López said: "I made it past the first perimeter fencing that has Secret Service... then I went to the press pass security hut and again made it through the gate." 

But she added that when she placed her press badge on a pin pad it repeatedly flashed red, and that a member of the Secret Service told her it was still disabled, before later confiscating it. 

A review by the Associated Press (AP) found that the administration had ignored or violated court orders at least 31 times since Trump returned to office. It is not clear if that is what's happening today. From Newsweek:

"It's not clear based on the interaction I had whether or not this is a defiance of the court order, or it's some kind of incompetence or lag in the system," Barrón-López said.

Newsweek has contacted the White House for comment by email. 

Trump-appointed judge does not fall for limp arguments from DOJ, suggesting media outlets soon will receive restraining order they seek for return to White House press corps

(Facebook)


(Update: When we wrote today's post below, Donald Trump's media ban appeared to be near death's door, but it still was in place -- still taking breaths. All of that changed early this morning when U.S. District Judge Timothy Kelly granted a temporary restraining order that immediately restored White House access for the three news outlets -- CNN, MS NOW, and Politico -- Trump had banned. Here is the latest from The Washington Post: 

  • Overnight: The judge said Trump’s move to ban CNN, MS NOW and Politico from the White House last week was likely unconstitutional. He told officials to immediately restore access.


  • Dig deeper: Read the judge’s order in full here.


  • After Trump banned Politico: Officials accused the outlet of violating standards, including by using anonymous sources. But, in an example they cited, the White House was the source.)

Donald Trump's media ban remains alive at this hour, but comments from the judge at a hearing yesterday indicate the ban might soon be on life support. Based on binding legal precedent, that is exactly where it belongs. A jointly published report at Reuters and Yahoo! News has details about a hearing that likely was closely watched by news outlets around the country -- plus countless Americans who believe that freedom of the press plays an important role in sustaining our democracy. Under the headline "Judge says Trump's White House may not comply with legal precedents," Jan Wolfe and Jack Queen write:

A U.S. judge told a hearing yesterday that President Donald Trump's decision to ban CNN, MS NOW, and Politico from the White House did not appear to comply with prior rulings by a federal appellate court, but did not issue an immediate ruling on whether the news outlets should have ‌their access restored.

US District Judge Timothy Kelly held the hearing in Washington to consider a request by the news outlets for a temporary restraining order that would immediately reinstate their White House access while ‌a legal challenge they filed on Monday plays out.

The outlets said the ban violated the US Constitution's First Amendment protections for freedom of speech and a free press as well as their rights to due process. 

That last item about due process might be the central issue in the outlets' efforts to obtain a temporary restraining order that would immediately return them to the frontlines of White House news coverage. According to Reuters reporting, Judge Kelley pointed to two previous cases in the D.C. Circuit that seem  to point heavily in favor of the news outlets. Wolfe and Queen report:

The judge said that two precedents from the US ​Court of Appeals for the District of Columbia Circuit make clear that journalists are entitled to due process before their White House press passes can be revoked. The judge added that it did not appear that the White House had given the three news outlets a meaningful opportunity to contest the revocation of their access.

"The government said those cases ... were wrongly decided," Kelly said. "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." 

Kelly said he would issue a ruling at a later time on the request for a temporary ‌restraining order.

The two cases Kelly referenced are Sherrill v. Knight, 569 F. 2d 124 -- U.S. Court of Appeals, D.C. Circuit (1977) and Karem v. Trump, 960 F. 3d 656 -- U.S. Court of Appeals, D.C. Circuit (2020). Both cases are what legal types like to call "black letter law" -- in other words, they are straightforward, uncomplicated, and point directly in favor of one party -- the media outlets. If Trump gave any thought to relevant issues before issuing the ban, he certainly didn't ponder things enough. As it is, he has set his administration up for what should be a one-sided court trouncing. Its lawyers in the Trump Department of Justice (DOJ) might have no shame, but they should at least be embarrassed for winding up having to defend a ban that, by law, is indefensible. Wolfe and Queen write:

A lawyer for the news outlets told Kelly that they were ⁠banned without legally required advance notice or opportunity to contest the decisions.

"By ejecting and banning the plaintiffs from the White House without a semblance of due process here, defendants have imposed what really amounts to an unprecedented, unreasonable, and severe punishment," attorney Theodore Boutrous said.

Michael Velchik, a Justice Department lawyer, told the judge the Trump administration provided ⁠a sufficient explanation for the revocation of the press passes in letters sent to the news outlets on Tuesday. But the judge signaled skepticism of that argument, noting that the letters were sent after the revocation occurred and the lawsuit was filed.

"I don't know how a letter that they got after the pass was revoked could provide them with the notice of the kind of standards that they would have to conform their conduct to, since it's a piece of paper ​they ​got saying, 'You've already violated this.'" 

Did Velchik, the DOJ lawyer, violate his "duty of candor to the tribunal," as required by the ABA's Model Rules of Professional Conduct? I would say he came close to the edge, and that probably is an occupational hazard of representing Trump.

The hearing provided more evidence that the administration has learned "national security" is a magic phrase when it comes to getting a court to fall for a flawed legal argument and allow a Trump project to proceed. The administration tried that in documents supporting the president's "Triumphal Arch," 
 and they are trying again with the legal ban. From the Reuters report:

In a legal filing on the eve of the hearing, the Justice Department argued that ​access to the White House is a privilege, not an entitlement, and that the ‌president had the authority to suspend access by news organizations. The department also echoed Trump's contention that the bans are justified by national security concerns regarding news coverage by the outlets.

The news outlets have accused Trump of unlawful discrimination against them based on their viewpoints.

"The viewpoint discrimination is probably the clearest case in history. I mean, the president said, 'I don't like what you're publishing. I'm taking away your press pass based on that,'" Boutrous told the hearing. 

"They are using national security as this talisman — these magic words," Boutrous said. "It is just a pretextual, post hoc effort to justify a blatant violation of due process."

Wednesday, September 23, 2026

The militarization of Trump's Triumphal Arch draws fire from critics who say it is 'cartoonishly illegal' and 'idiotic' while charging that Trump is tying it to national security so courts will approve it

(Instagram)


Whenever the Trump administration tackles a project, you can expect incompetence and dishonesty to quickly take hold. That familiar process is unfolding at this moment as Trump attempts to pull off a con job in order to make his controversial "Triumphal Arch" palatable to oversight groups and the public. What kind of con job is Trump trying to pull? It involves the use of deceptive language. As of last Friday, Trump was advertising the arch as one thing. Then, on Sunday, he started referring to it as something else. That's nutty enough, but get this: Trump actually wants to use the arch as the site for a sniper's nest. (We can't just let the sniper's-nest idea drop, so we will return to that near the end of this post.)

That brought a heavy dose of Trump-flavored chaos to the federal review process that is required for building such a structure. One critic in Congress has called Trump's plan "cartoonishly illegal." But so far, that hasn't seemed to deter a president who has an ear only for his own thoughts and not for those of people who actually know what they are talking about.

We are more than a year and a half into Trump's never-ending second term, and we have become familiar with his pattern of disregarding norms, rules, procedures, statutes, court orders, even constitutional amendments -- structure of any kind. It is not certain yet that the arch review process will turn into a slog. But a jointly published report at The Washington Post and Yahoo! News indicates that could be the outcome. Under the headline "Trump's plan to militarize proposed arch raises new legal, safety concerns," The Post's reporting team of Dan Diamond, Liam Scott and Dan Lamothe writes:

President Donald Trump's push to convert his planned triumphal arch near Arlington National Cemetery into a military complex has complicated a required federal review process and raised new legal and safety concerns.

Trump unveiled his new national security rationale Sunday in a post on Truth Social, saying that the 250-foot-tall arch project - which he has framed for nearly a year as a tourist attraction - will now house drones, snipers and ammunition. The president said he was making the change at the request of the U.S. military.

One oddity is that Trump announced the change on what is considered his personal social-media platform and financial asset. That implies, at least to me, that he is directing this project on his own -- without input from anyone who might know how such projects actually come to life in the nation's capital. It also raises this question: Is Natalie Harp, Trump's "human printer" and well-publicized online mouthpiece, forming content about the arch, in total or in part? The Post team writes:

Critics of the plan saw echoes of Trump's shifting security case for the White House ballroom, which the administration has used to defend that project in court. But while presidents have historically had some leeway to revamp the White House grounds, the arch would stand on federal parkland more than a mile away, where Congress has set stricter rules for construction.

"There is nothing that authorizes or justifies a massive arch, even if Trump tries to disguise it as a military facility," said Rep. Jared Huffman of California, the top Democrat on a House committee that oversees federal parkland. "This is cartoonishly illegal, but he's obviously trying to find a way to do it anyway." (By the way, I like the way Huffman talks. "Cartoonishly illegal" is a superbly crafted phrase, one that should resonate with the public -- and perhaps it indicates Dems should keep Huffman in mind as a candidate for higher office someday.)

Experts in a variety of fields already are voicing concerns about various aspects of the arch project? Will Trump pay them any mind? Will the Colorado Rockies win this year's World Series? Here is more from The Post: 

Aviation experts warned Monday that using drones at the planned arch site - Memorial Circle, a roundabout near Reagan National Airport - could pose risks in the airport's crowded airspace.

"Anything you add to the airspace complicates the airspace and increases the operational risk," said Tom Lintner, a former safety official at the Federal Aviation Administration (FAA).

Other military and safety experts have questioned the implications of storing ammunition in the middle of a heavily used traffic circle and whether tourists could still enter the arch as previously planned.

Some of the problems with Trump's plans are so obvious that it shouldn't take an expert to point them out. Consider the following;

(1) Using drones near Reagan National Airport -- We wrote about a similar issue just last month when Trump's determination to turn the White House into a construction zone -- with work on his ballroom/military bunker, a new helipad, and other projects -- contributed to communication problems that led to a commercial airliner and the presidential helicopter coming uncomfortably close to each other at Reagan National. We noted that Reagan National has the single busiest commercial runway at a U.S. airport. We also noted that the airliner-helicopter near-miss revived memories of a January 2025 incident at Reagan National that killed 67 people, the deadliest U.S. air crash in more than two decades. 

(2) Storing ammunition near a congested traffic circle -- Gee, what could go wrong? Consider the following from Yahoo! News: 

Critics mocked the idea and slammed it as "stupid, dangerous and unworkable" and "bizarre." Some suggested the change was made to ensure the arch gets past court challenges on national-security grounds.

Rep. Don Beyer, D-Va., warned that the arch would sit directly in the flight path of Ronald Reagan Washington National Airport.

"Putting a drone launching site directly in the landing path for DCA is a stupid, dangerous, and unworkable idea," the congressman posted on X. "Trump clearly expects to lose a lawsuit and therefore wants to set up a pretext to argue that the arch is tied to national security. Which is obviously idiotic."

Trump critic George Conway wrote several social media posts slamming the idea.

"Everyone who has gone to military school knows that absolutely the best place to put an ammo dump is at a major traffic junction near the heart of your capital city," Conway posted. "Reichsfeldmarschall Donald von Bone Spurs strikes again!!!"

Journalist Chuck Todd said the change makes the arch a bigger target.

"If this is actually something being considered, it seems weird to broadcast to the world where they can find a stash of weapons to target in D.C.," Todd said. "This is obviously some bizarre effort to wrap this arch idea into national defense."

We were heartened to learn that historic preservationists are involved in the project, but according to The Post, they are not pleased with how things are going:

Historic preservationists participating in a required federal review process said they could not move forward until the administration clarifies Trump's plans for the arch. Administration officials last week had asked Washington and Virginia's preservation offices to agree to a memorandum of agreement (MOA) by Monday as part of that process, and they invited other preservationists to participate.

"This MOA is DOA," Charles Birnbaum of the Cultural Landscape Foundation wrote in an email to the administration on Monday. An official for Washington's historic preservation office also wrote in an email that the office needed clarity on Trump's post. Both emails were shared with The Washington Post.

Perhaps the preservationists need clarity because  Trump has floated the murky (and "bonkers") idea of including snipers' nests in the arch. Trump has claimed the U.S. military requested the facility for snipers, but according to a report at Reuters, he has not identified any person or office that made such a request, and a military official had no comment.  Here is more from the Reuters article:

Mark Cancian, a retired Marine colonel, said that while there was a ​stronger case for enhancing security at the White House, including expanding underground bunker facilities, the rationale for militarizing the arch was harder to discern.

Cancian said the move appeared aimed at countering opposition to the ‌monument, which is ⁠planned for a traffic circle just 1 mile (1.6 km) from Joint Base Myer-Henderson Hall, an active Army installation, and 2 miles from the Pentagon.

"It looks like it's tacked on in order to strengthen the rationale for construction," Cancian, a senior adviser with the Defense and Security Department at the Center for Strategic and International Studies, a Washington-based think tank, told Reuters. "There is this military facility long established with a variety of military capabilities one mile away. So why you need this one isn't clear."
Cancian also said that storing ammunition at the arch would create logistical challenges ​and questioned the value of positioning snipers there.

Retired Air Force Col. Cedric Leighton voiced similar concern in a video interview at CNN. When asked if Trump's plans for the arc make strategic sense, Leighton said:

It doesn't. It's one of the oddest things I've heard when it comes to a monument of this type. 

When you look at defensive positions, drones usually are placed where can they do some good. Here, they will be in the flight path of Reagan National Airport. As you look at domestic positioning, you wonder: Where will snipers do their work and for what purpose will they do their work? There is no military reason for these things to be on any building of this type.

The only time that i can find when an arch was used for military purposes was in 1871 when the French used the Arc de Triomphe as an artillery position when there was civil strife in Paris.

There is no reason that justifies the construction at the White House East Wing and ballroom. There is a military complex under that structure, so there is no reason to justify construction -- if you want to call it that -- going on there.

For this proposed construction, I would like to see the military justification for that. In looking over these kinds of things in the past, I've never seen a justification that would fit for this.

U.S. Rep Melanie Stansbury (D-NM) added the following:

There is such a high level of absurdity around this. D.C. already has an anti-aircraft system in place for military purposes. There is no need for this.

But the biggest piece for me, with a number of veterans in my life, is that this is so insulting to those who actually served. Trump's public statements indicate he wants to build this arch for himself. I find it disgraceful.

Tuesday, September 22, 2026

Republicans are so busy puckering up to Trump's butt that they can barely produce a comprehensible thought about freedom of the press, which Trump is trying to unconstitutionally restrict

J.D. Vance views Trump's media ban as "totally appropriate" (Getty)


If you thought a significant number of Republicans in Congress would stand up to Donald Trump over his clearly unconstitutional media ban, we invite you to think again. 

As Edith Olmsted, of The New Republic (TNR), was set to publish her post at 12:40 p.m. ET yesterday, only one Republican had shown enough backbone to publicly state that Trump's actions in banning CNN, MS NOW, and Politico were wrong. As the day wore on, a few more names trickled in, but it hardly could be called a stampede of Republicans who were willing to stand up for the right to a free press -- a right many historians and legal scholars consider so foundational to democracy that it is enshrined in the First Amendment of the U.S. Constitution. But only a smattering of Republicans considered it important enough to voice their objection. That we still have MAGA types who seem to revel in their looniness -- and undoubtedly many conservatives who appear to be normal -- still supporting Trump now that we know he is a convicted felon, an adjudicated rapist, and a confessed sexual abuser (via his admission on Access Hollywood that he had made it a practice to grab women by the genitals) . . . well, that is a sign we have deep pockets of warped thinking throughout our society -- and  unfortunately, those people vote. And we haven't even touched on credible accusations, via sworn statements to the FBI and court documents, that Trump engaged in rape (even murder) while attending a golf-course party that involved allies of the late sex trafficker and pedophile Jeffrey Epstein. 

Certain residents of the U.S. still support Trump. knowing all of this? Republicans still would protect an accused pedophile because they lack the guts to take a stand for law-abiding conduct? "Pitiful" is the only word I can think of to semi-adequately describe that situation. 

What about the first Republican who did have the fortitude to stand up to Trump? That takes us back to The New Republic and Edith Olmsted, who writes under the headline "How many Republicans are brave enough to denounce Trump's media ban; Spoiler alert. It's not a lot." Olmsted writes:

So far, only one Republican lawmaker has publicly condemned President Donald Trump’s decision to ban three major news outlets from the White House.

Idaho Representative Mike Simpson told Punchbowl News Monday that restricting CNN, MS NOW, and Politico’s access to the White House was “wrong.”

“Just because you don’t like what the press is reporting or the fact that they wouldn’t call it the Gulf of America or something else like that, that’s not the reason to ban the press. You should never ban the press. The press is what keeps us honest,” Simpson said. “So I don’t like what they’re doing.” 

Some Republicans, who opened their mouths regarding Trump's past abuses, kept them shut this time, Olmsted reports:

Republican lawmakers who have opposed Trump’s policies in the past, such as Senators John Cornyn, Thom Tillis, Bill Cassidy, Susan Collins, and Lisa Murkowski, all remained silent. Republican lawmakers who like to pretend to be free-speech advocates, such as Senators Ted Cruz and Rand Paul, also failed to respond to the president’s sudden crackdown on the press.

Representative Thomas Massie only receives partial credit for posting a quip about the ban that was mostly about his opposition to Trump’s fictional $5,000 checks.

What can a reasonable mind take from this? Here's what I take from it: The postmodern Republican Party does not support the First Amendment, but it's fine protecting pedophiles. Perhaps the new GOP motto should be "Pedophiles and murderers, come join us. You are safe in our big tent."

Would you like to read about a Republican "profile in courage" regarding Trump's media ban? I would, too, but I can't find one. 

WPEC, CBS12.com in West Palm Beach, Florida, checked in with three Republicans, and all were too busy puckering up to Trump's doughy behind to consider substantive issues related to a free press. Based on original reporting from The National News Desk (TNND) in Washington, D.C., the report is filed under the headline "Vance, Scalise, others defend Trump over White House media ban: 'Totally Appropriate'. Natalia Middlestadt writes:

Vice President JD Vance, House Majority Leader Rep. Steve Scalise, and other Republicans are defending President Trump's ban of some media outlets from the White House, with Vance calling it "totally appropriate."

Trump on Friday said he was banning CNN, MS NOW, and Politico from the White House over what he called their "constant 'reporting' FAKE NEWS!" According to a Wall Street Journal report, the ban came after White House aide Natalie Harp showed Trump a clip of MS NOW bashing the administration.

Speaking to reporters at Joint Base Andrews in Maryland, Vance said:

“If you’re going to engage in what is effectively far-left propaganda, why would a Republican White House give you special access?” he added.

When asked how Trump’s ban is not a violation of free speech, Vance said the outlets “could still report on the Trump White House.”

“They can still get the public reports. They can still, of course, talk to people inside the administration and outside of the administration,” he continued.

Vance compared Politico’s coverage with Breitbart's during the Obama and Biden administrations, claiming the former is as “anti-Trump as Breitbart was anti-Obama or anti-Biden.”

“Why on God’s green earth would Donald Trump be expected to give Politico special access when nobody in the media expected the Biden administration or the Obama administration to give Breitbart special access?” he asked. 

Vance might want to take a look at the following from an account at The Hill:

Breitbart has previously complained that it was not given regular turns in the White House press pool, which is determined by the White House Correspondents’ Association. But the outlet was not barred from the White House during the Obama or Biden administrations. 

Did other Republicans follow in Vance's squishy footsteps? Yep, pretty much.  Here is more from the TNND report:

Scalise told ABC News’ “This Week” on Sunday that he didn't know the "background" behind why Trump implemented the ban, but defended the president.

“I don't think we've had a president that's been more open to the press,” Scalise said. “Look, I've been at– you go to a bill signing with President Trump, and the first thing he does before he even signs the bill is he brings in the press, and everybody gets to not only take pictures but ask questions.”

Scalise does not grasp the issues at hand. Trump loves cameras, so he naturally likes to have the press around as long as reporters file their stories with a positive view of the administration. The real issue under Supreme Court precedent is "viewpoint discrimination, which happens when an official punishes a news organization for not presenting the news in the way that he likes it.

A number of political figures said Trump's ban is something you might expect to see from a fascist or communistic government From a report at Common Dreams:

Sen. Mark Warner (D-Va.) responded to the news simply by posting the full text of the First Amendment on X.

“Fascist and communist governments limit press access to only favorable outlets, persecute journalists, and suppress truthful reporting,” said Rep. Jim McGovern (D-Mass.) in a post to social media. “Trump’s administration is doing all of that.”

Sen. Ruben Gallego (D-Ariz.) agreed the move was “straight out of the authoritarian playbook.”

Another Republican showed that his understanding of the issues matches that of Scalise -- and that is essentially no understanding at all. From the TNND report:

Mike Waltz, the U.S. ambassador to the United Nations, told CNN’s “State of the Union” on Sunday, “The president is absolutely within his rights to limit journalists to government facilities, particularly when, in his opinion, they’re not behaving as good-faith journalists. And that’s just not his opinion. That’s the Supreme Court’s opinion.”

Waltz cited the Supreme Court's 1965 ruling, Zemel v. Rusk, in which Chief Justice Earl Warren wrote that “the right to speak and publish does not carry with it the unrestrained right to gather information.” That opinion, however, says nothing about "behaving as good-faith journalists," as Walz incorrectly asserts in the previous paragraph.

The current dispute centers on a separate First Amendment issue called viewpoint discrimination, since Trump has explained his reasons for banning certain outlets over coverage he deems “negative.”

Senate Majority Whip John Barrasso told NBC News’ “Meet the Press” on Sunday when asked whether Trump had violated the Constitution with the media ban, “No, I believe the press has an obligation to report fairly.”

It does not, however, have an obligation to please the president. And Trump's own words indicate that is what he's looking for -- to essentially be the nation's "news czar."

When asked if he agreed with Trump’s ban, Barrasso said, “We all respect and value the freedom of the press — it’s in the Constitution.”

Barrasso added that he does not believe Trump’s decision to bar those outlets from the White House would negatively affect Republicans in the November midterm elections.

“The bottom line on all of this is: This is not going to have an impact on an election 44 days from now,” he said. “People are going to go to the voting booth. They’re going to make a decision based on their life, their future, what they believe is best for them and their families.”