华盛顿,9月25日电——美国总统唐纳德·特朗普的政府周四遵照法官命令,恢复了三家上周被禁媒体机构——CNN、Politico和MS NOW——的白宫采访权,但围绕该禁令的诉讼尚未结束。以下是关于这三家媒体机构提起的诉讼后续步骤的相关信息。法官是否作出了最终裁决?
WASHINGTON, Sept 25 - US President Donald Trump's administration complied on Thursday with a judge's order to restore White House access to three media outlets he had banned last week — CNN, Politico, and MS NOW — but litigation over the ban is not over yet. Here is what to know about the next steps in the lawsuit filed by the three media outlets. DID THE JUDGE ISSUE A FINAL RULING?
没有。负责此案的美国华盛顿特区联邦地区法官蒂莫西·凯利发布了一项临时命令,在法律挑战进行期间,恢复这些媒体机构的采访权14天。
No. The judge assigned to the case, US District Judge Timothy Kelly in Washington, issued a temporary order that reinstated the outlets’ access for 14 days while their legal challenge proceeded.
在裁决中,凯利表示,法律先例明确规定,一旦白宫新闻记者证发给记者,在吊销这些记者证之前,记者有权获得“通知和陈述机会”。
In his ruling, Kelly said legal precedents make clear that once White House press credentials are issued to journalists, they have a right to "notice and an opportunity to be heard" before those credentials are revoked.
凯利是特朗普任命的法官,他表示,这些新闻机构关于该正当程序宪法权利受到侵犯的主张极有可能胜诉。
Kelly, a Trump-appointed judge, said the news outlets were likely to succeed on their claim that this constitutional right to due process was violated.
但凯利并未裁决本案的一个核心问题:新闻机构声称该禁令违反了美国宪法第一修正案赋予的言论自由和新闻自由权利。
But Kelly did not reach a primary issue in the case: a claim by the news outlets that the ban violated the rights to freedom of speech and freedom of the press in the US Constitution's First Amendment.
凯利表示,无需解决该问题,因为正当程序主张已构成发布临时限制令叫停特朗普禁令的充分理由。
Kelly said it was not necessary to resolve that issue, since the due process claim was sufficient grounds to grant a temporary restraining order halting Trump's ban.
凯利设定了9月28日作为截止日期,要求这些媒体机构申请后续裁决——即初步禁令,这将在案件审理期间延长他对特朗普禁令的叫停。特朗普政府可以上诉吗?
Kelly set a September 28 deadline for the outlets to request a follow-up ruling, known as a preliminary injunction, which would extend his block on Trump's ban for the duration of the case. CAN THE TRUMP ADMINISTRATION APPEAL?
如果凯利将其初步命令转为禁令(这似乎很有可能),政府可以请求华盛顿联邦上诉法院撤销该禁令。
If Kelly converts his initial order to an injunction, which seems likely, the administration could ask a federal appeals court in Washington to lift the injunction.
特朗普预料到在凯利面前会败诉,周一就在法官作出裁决前誓言将提起上诉。
Trump, anticipating a loss before Kelly, vowed an appeal on Monday, before the judge had even ruled.
特朗普周五在其社交媒体平台上宣布了这项禁令,称这三家新闻机构“在报道美国总统时,不应被允许持续撰写或报道虚构内容和谎言”。司法部周二在一份法庭文件中指控这些媒体的报道威胁国家安全,引用了关于美国导弹储备、特朗普白宫舞厅建设以及最近共和党中期大会出席人数的报道。
Trump announced the ban on Friday on his social media platform, saying the three news organizations "shouldn't be able to constantly write or report FICTION and LIES when they're covering the President of the United States." In a filing on Tuesday, the Justice Department accused the outlets of threatening national security with their coverage, citing stories about US missile stockpiles, construction of Trump's White House ballroom and turnout at the recent Republican midterm convention.
凯利曾在2018年处理过类似案件,当时特朗普在其第一任期内吊销了前CNN记者吉姆·阿科斯塔的白宫记者证。
Kelly handled a similar case in 2018 when Trump, during his first term, revoked the White House press credentials of former CNN journalist Jim Acosta.
在凯利作出有利于阿科斯塔的初步裁决后,白宫给该记者发了一封信,称已作出“最终决定”恢复其记者证,随后阿科斯塔自愿撤回了诉讼。白宫会再次尝试吊销这些媒体的白宫采访权吗?
After Kelly issued a preliminary decision in Acosta's favor, the White House sent the journalist a letter saying it had made a "final determination" to restore his press pass, leading him to voluntarily drop his case.
这三家媒体的律师西奥多·布特罗斯周三在法庭听证会上警告了这种可能性。
COULD THE WHITE HOUSE TRY AGAIN TO REVOKE THE OUTLETS' WHITE HOUSE ACCESS? Theodore Boutrous, a lawyer for the three outlets, warned of this possibility during a court hearing on Wednesday.
布特罗斯曾敦促凯利就正当程序和第一修正案问题同时作出裁决。布特罗斯在听证会上表示,法官仅关注正当程序问题,为特朗普政府通过更正式但预先注定结果的程序再次禁止这些媒体采访敞开了大门。
Boutrous had urged Kelly to rule on both the due process and First Amendment issues. By focusing exclusively on due process, Boutrous said during the court hearing, the judge was opening the door for the Trump administration to try again to bar the outlets in a more formal but preordained process.
布特罗斯将此案与美联储理事丽莎·库克的案件进行了类比。上个月,特朗普重启了将她从央行撤职的推动,此前最高法院在夏季早些时候裁定阻止了之前的尝试,理由是缺乏正当程序。
Boutrous drew a parallel to the case of Federal Reserve Governor Lisa Cook. Trump last month renewed his push to remove her from the central bank, following a Supreme Court ruling earlier in the summer that blocked a previous attempt due to a lack of due process.
“即使法院基于正当程序理由批准临时限制令(TRO),我也非常担心这些花招会继续下去,”布特罗斯说。
"I'm very concerned that even if the court grants a TRO [temporary restraining order] on due process grounds, the shenanigans will continue," Boutrous said.
布特罗斯周四在接受MS NOW采访时表示,其客户的第一修正案论点“将在未来几周成为焦点”。
In an interview with MS NOW on Thursday, Boutrous said his clients' First Amendment arguments "will come front and center" in the coming weeks.
“我认为政府会试图以某种方式为这个毫无根据的‘国家安全论点’找借口,并在事后巩固这一论点的合理性,”布特鲁斯补充道。
"I imagine the government will somehow try to justify and shore up this baseless national security argument they came up with after the fact," Boutrous added.