Dear listeners,
Donald Trump tried to ban CNN, MSNOW and Politico from the White House and, as Trump himself predicted, he was almost immediately ordered by a federal court to let those outlets back in. This area of law is well trod by now: The president has no obligation to give special access like a one-on-one interview to any media outlet, but he can’t revoke otherwise-broadly offered access because he doesn’t like an outlet’s reporting. He also needs to give some kind of due process when revoking a pass. These outlets are back inside the press room for now and likely for good.
Judge Timothy Kelly was unimpressed with the government’s claims that the outlets were ejected on national security grounds, partly because that contradicts the president’s own public statements. But it’s an argument he loves to make in court — he says his planned triumphal arch near Arlington Cemetery serves a national security purpose, as does his ballroom and his efforts to block wind turbine projects. Courts traditionally give the president a wide berth on national security, but these increasingly implausible claims are leading courts to impose more scrutiny.
Those conversations (plus a look at how aesthetic standing may matter again in litigation over that arch) are for all listeners. Paying subscribers also get our conversations about:
That ProPublica story about a federal investigation that looked at Susan Collins but did not lead to indictments of her or anyone in her direct orbit.
A prosecution for online threats against ICE in Tennessee.
Elizabeth Holmes’ impending move to a halfway house.
Clavicular’s indictment for rape in Massachusetts.
And an ignominious end to Matt Kalil’s lawsuit against his ex-wife, who wantonly told the whole world about his enormous penis.
If you’re not a paying subscriber and you want to hear about all that, click the button below.
We hope you enjoy the episode,
Josh
