Judge Orders Press Passes Restored as Ex-Prosecutor Warns DOJ Lawyers' Careers Are 'In Jeopardy'
Key Takeaways
- •U.S. District Court Judge Timothy Kelly issued an early-morning Thursday ruling ordering the restoration of White House press access for reporters who had been banned.
- •Despite the ruling, the Secret Service refused to hand back the reporters' credentials on Thursday morning, preventing the affected outlets from resuming coverage.
- •Attorneys for CNN, MS NOW, and Politico requested an emergency hearing after reporters, including CNN's Betsy Klein, were repeatedly denied entry to the White House complex.
- •Legal analyst Elie Honig said the White House was in defiance of the judge's order and that the continued delay made intentional noncompliance more likely.
- •Honig cautioned that Justice Department lawyers who participate in defying or misleading the court risk their professional futures, including possible bar disciplinary consequences.

A federal judge has ordered the reinstatement of reporters barred from covering the White House, but the journalists had still not received their credentials by Thursday morning — prompting an emergency hearing and a stark warning that Justice Department lawyers who take part in defying the court could put their own careers at risk, according to Alternet.
U.S. District Court Judge Timothy Kelly issued the ruling in the early morning hours of Thursday, restoring the press access of reporters who had been banned from covering the White House. White House press credentials govern reporters' routine physical access to the complex, which is why, with the passes still withheld, the affected outlets could not simply resume normal coverage despite the ruling in their favor. When reporters arrived at work later that morning, however, the Secret Service refused to turn over their passes. Lawyers for CNN, MS NOW and Politico responded by requesting an emergency hearing.
Speaking to CNN, legal analyst and former assistant U.S. Attorney Elie Honig was asked whether the White House's conduct amounted to breaking the law.
"Well, they're absolutely in defiance of the judge's order," Honig said. "The big question is, is that the result of something that's just sloppy and unintentional, or is that intentional in every minute that passes? It is now 10:08 A.M. [It] makes the latter more likely — that it's intentional."
Honig pointed to CNN White House correspondent Betsy Klein, one of the reporters whose passes were taken by the Secret Service, who described the scene outside the White House as the broadcast began. Klein said she had attempted to enter "numerous times" and continued to be denied.
"Now it is the exact right move to do what the lawyers for CNN, MS NOW and Politico have done to request an emergency hearing, and I expect the judge will grant that," Honig said. "And by the way, they don't even have to take the time of physically getting everyone into the courtroom. The judge can convene a hearing like this by phone or by Zoom."
Honig anticipated several arguments likely to surface as the dispute unfolded, beginning a possible appeal. "No. 1, if one of the positions that the administration takes is, 'Well, we disagree with the judge's ruling, and we intend to appeal.' Fine. You can appeal. And if you win, if you can get the D.C. Circuit Court of Appeals to undo what the judge did last night, then you can deny the past."
For the time being, however, the judge's order stood as absolute: the White House was required to restore the outlets' credentials. What happens next turns on a short list of open questions — whether the Secret Service surrenders the passes, how the outlets' emergency request fares before Judge Kelly, and whether the administration instead pursues the appellate route through the D.C. Circuit that Honig outlined.
"That is the state of the law right now. So, we'll see what the administration says when they go in there," Honig said, before offering "a quick word to the wise" for government counsel. "Anyone who's going to go into that court or attend that hearing on behalf of the Justice Department and the government needs to be really careful, because if you lie to a court, mislead a court, or are part of defiance of a court, you're putting your own professional future in jeopardy."
Honig stressed that the exposure extended beyond a potential contempt citation.
"That could lead to bar consequences down the line," he said. "So, I think if you're a lawyer in the position of having to represent the government here, you need to show up for this hearing. You need to be candid, and you cannot be any part of willfully defying the court's orders."