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MS NOW、CNN、Politico请求法官延长对特朗普新闻禁令的阻止MS NOW, CNN, Politico ask judge to extend block on Trump press ban

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三家因唐纳德·特朗普总统禁令而被禁止进入白宫的新闻机构,请求联邦法官延长一项暂时恢复其准入权的命令,此前它们已被禁入近一周。

Three news organizations that had been blocked from accessing the White House by President Donald Trump asked a federal judge to extend an order that temporarily restored their access after they had been barred for almost a week.

美国地区法官蒂莫西·凯利周四清晨批准了紧急请求,恢复白宫准入权,阻止特朗普的禁令至少生效至10月8日。周一,受影响的三家新闻机构——MS NOW、CNN和Politico——请求他延长该命令,以无限期恢复其进入白宫的权利。

U.S. District Judge Timothy Kelly granted an emergency request to restore White House access early Thursday morning, blocking Trump’s ban until at least Oct. 8. On Monday, the three affected news organizations — MS NOW, CNN and Politico —asked him to extend that order to indefinitely restore their access to the White House.

“白宫的言行毫不留情地表明,如果有机会,它将立即恢复对CNN、MS NOW和POLITICO的全面禁令,”新闻机构的律师在文件中写道。“因为该禁令是对最基本的第一修正案自由的非法攻击,如果不加以限制,将给原告和公众造成不可挽回的损害。”他们辩称,禁令的持续将产生超出受影响记者范围的负面影响。

“The White House’s words and actions leave little doubt that it will immediately reinstate a complete ban of CNN, MS NOW, and POLITICO if allowed the opportunity,” lawyers for the news organizations wrote in the filing. “Because the ban is an unlawful assault on the most fundamental First Amendment freedoms and will inflict irreparable harm on Plaintiffs and the public if not restrained.”They argued a continuation of the ban would have negative effects spreading beyond the affected journalists.

“每天都有至关重要的新闻在白宫发生,禁令将严重干扰原告对此进行报道的能力。禁令还对所有新闻媒体机构造成伤害——如果它们从事基于事实的、独立的报道,而总统认为这些报道不够有利于他,它们现在就面临类似的命运,”他们写道。

“Every day, critically important news is breaking at the White House, and the ban will substantially interfere with Plaintiffs’ ability to cover it. The ban also inflicts an injury on all news media organizations — which now risk a similar fate if they engage in fact-based, independent reporting the President deems insufficiently favorable,” they wrote.

“禁令每生效一天,公众就失去一次获取关于总统及其政府重要报道的机会。”凯利命令特朗普政府于周五前对此文件作出回应。

“Each day the ban remains in effect, the public loses access to essential reporting on the President and his administration.”Kelly ordered the Trump administration to respond to this filing by Friday.

政府此前辩称,特朗普的禁令在第一修正案下是合法的。它声称总统有权“执行真正记者的最低标准并保护国家安全信息”。它还辩称,该禁令——是在特朗普抱怨这些媒体的报道对他不公平后实施的——并非报复性的。

The government previously argued that Trump’s ban was lawful under the First Amendment. It claimed that the president has the right to “[enforce] minimum standards for bona fide journalists and [safeguard] national security information.”It also argued that his ban — implemented after Trump complained that the outlets’ coverage was unfair to him — was not retaliatory.

凯利很可能会在未来几周内的某个时间举行听证会时考虑这些论点,很可能是在针对该禁令的禁令到期之前。

Kelly will likely consider those arguments when he holds a hearing at some point in the next couple of weeks, likely before the block on the ban expires.

凯利不买账国家安全论点,该论点直到周二深夜才出现,当时白宫分别向MS NOW、CNN和Politico发送了信件,解释禁令的理由。这些信件是在禁令宣布四天后、以及几名记者的“硬通行证”(允许他们进入白宫)被没收三天后发出的。

Kelly didn’t buy the national security argument, which didn’t emerge until late Tuesday night when the White House sent letters to MS NOW, CNN and Politico, respectively, explaining the reasoning for the ban. Those letters were sent four days after the ban was announced and three days after several journalists had their “hard” passes, which gave them access to the White House, confiscated.

“在这起诉讼之前的记录中,没有任何内容表明撤销原告的硬通行证是出于国家安全考虑,”凯利写道“当然,这不是特朗普总统在宣布‘禁止’原告进入白宫时所说的内容——相反,他关注的是原告报道中所谓的缺乏真实性和负面性。”特朗普政府还辩称,通过在周二晚上发送那些信件,已给予记者正当程序。

“Nothing in the record that predates this suit suggests that the revocation of the Plaintiffs’ hard passes was motivated by national security concerns,” Kelly wrote“Certainly, that is not what President Trump said when he announced that he was ‘banning’ Plaintiffs from the White House — instead, he focused on the alleged lack of truthfulness and negativity of Plaintiffs’ reporting.”The Trump administration also contends that it gave the journalists due process by sending those letters Tuesday night.

凯利不同意,仅基于正当程序理由作出裁决。他认定,特朗普政府在实施禁令前,未给予新闻机构适当的正当程序。

Kelly disagreed, ruling solely on due process grounds. He found that the Trump administration had not given the news organizations appropriate due process before enacting the ban.

“记录中完全没有任何相关的‘正式阐明的标准’在被告因任何行为而撤销其硬通行证之前就已存在,”凯利写道。“被告似乎提供的一个标准——体现在他们于2026年9月22日发送给原告的信件中,指出了其有异议的报道——过于模糊,几乎无法奏效。”凯利补充道:“此外,被告在原告贝齐·克莱因发表部分被指出的报道几个月后,又为其续发了硬通行证,这削弱了任何关于她或其雇主(例如)已获得必要通知、知悉相关行为违反了相关标准的论点。”

“The record is bereft of any relevant ‘formally articulated standards’ in place before any of the conduct for which the Defendants revoked their hard passes,” Kelly wrote. “One standard Defendants appear to offer — reflected in letters they sent to plaintiffs on September 22, 2026, identifying their objectionable reporting — is so vague it hardly does the trick.”“Moreover, Defendants renewed Plaintiff Betsy Klein’s hard pass several months after she published some of the identified reporting, undercutting any argument that she or her employer, for example, had the requisite notice that the conduct at issue violated a relevant standard,” Kelly added.

2018年,凯利在审理白宫吊销当时CNN记者吉姆·阿科斯塔采访证件的法律挑战案时,做出了类似的裁决。凯利认定白宫未给予阿科斯塔正当程序,并下令特朗普政府恢复其证件。裁决后不久,阿科斯塔撤回了诉讼。凯利从未就阿科斯塔同样提出的第一修正案主张做出裁决。

Kelly issued a similar ruling in 2018 when he oversaw a legal challenge after the White House revoked then-CNN correspondent Jim Acosta’s credentials. Kelly found that the White House had not given Acosta due process and ordered the Trump administration to restore the credential. Shortly after that ruling, Acosta dropped the lawsuit. Kelly never ruled on the First Amendment claims similarly made by Acosta.

巡回法院的判例规定,白宫不得任意拒绝记者的采访证件,因为记者进入白宫采访的权利受第一修正案保护,未经正当程序不得吊销。

Circuit court precedent says the White House may not arbitrarily deny a journalist a press credential, because press access to the White House is protected by the First Amendment and may not be revoked without due process.

第一修正案相关问题仍未完全解决,因为新闻机构继续主张特朗普的禁令既是报复性的,也是赤裸裸的观点歧视。

The First Amendment issues remain less settled, as the news organizations continue to argue that Trump’s ban was both retaliatory and blatant viewpoint discrimination.

周四凌晨发布的恢复MS NOW、CNN和Politico白宫采访权的命令即时生效。但受影响的记者花了近12小时才重新获得进入大楼的权限。目前,采访权已恢复,并将至少维持到下周。

The order restoring access to the White House for MS NOW, CNN and Politico was effective immediately when it was issued overnight in the early hours of Thursday morning. But it took almost 12 hours for the affected journalists to regain access to the building. For now, that access has been restored and will remain until at least next week.

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