法官阻擋川普白宮媒體禁令，命令恢復採訪權限

傑克・奎恩與揚・沃爾夫報導By Jack Queen and Jan Wolfe

路透 9 月 24 日電——美國一名聯邦法官週四命令美國總統唐納・川普恢復 CNN、MS NOW 與政治新聞網（Politico）記者進入白宮的權限，並表示他對這三家媒體的禁令可能違憲。Sept 24 (Reuters) - A federal judge ordered US President Donald Trump on Thursday to restore White House access for journalists from CNN, MS NOW and Politico, saying his ban on the three media outlets was likely unconstitutional.

這是川普與媒體之間最大規模衝突之一中的一項重大挫敗。美國聯邦地區法官提姆・凱利（Tim Kelly）是在這些新聞機構提起、挑戰這位共和黨籍總統於 9 月 18 日宣布的禁令的訴訟中，發布這項命令。In a major setback for Trump in one of his biggest battles with the media, US District Judge Tim Kelly issued his order in a lawsuit that the news organizations filed contesting the ban that the Republican president announced on September 18.

凱利命令川普政府立即歸還這些媒體的採訪證，並禁止官員在 14 天內執行該禁令。法官駁回政府聲稱這項禁令是出於國家安全疑慮的說法。Kelly ordered the Trump administration to immediately return the outlets' press passes and blocked officials from enforcing the ban for 14 days. The judge rejected the government's assertion that the ban was motivated by national security concerns.

他說：「紀錄中缺乏事實支持被告的主張，也就是撤銷原告的固定採訪證實際上將保護國家安全，或若法院在本訴訟進行期間命令恢復其採訪證，國家安全將受到危害。」他並補充，川普本人曾表示，這項禁令是因這些媒體報導「據稱缺乏真實性且負面」。"The record lacks factual support for defendants’ contention that the revocation of plaintiffs’ hard passes will in fact protect national security or that national security will be endangered if the court orders their passes reinstated while this litigation proceeds," he said, adding that Trump himself had stated the ban was due to "alleged lack of truthfulness and negativity" of the outlets' reporting.

白宮與這些媒體的代表未立即回應採訪請求。The White House and representatives for the outlets did not immeidately respond to requests for comment.

川普曾在社群媒體上表示，這三家媒體「不應該能夠不斷撰寫或報導虛構內容與謊言」，而司法部律師則試圖以國家安全為由為這項禁令辯護。Trump had said on social media that the three outlets "shouldn't be able to constantly write or report FICTION and LIES," and Justice Department lawyers had sought to justify the ban on national security grounds.

這三家媒體週一在華府的聯邦法院控告川普及其政府其他成員，稱該禁令違反美國憲法第一修正案對言論自由與新聞自由的保障，也侵犯其正當法律程序權利。它們請求法院核發臨時限制令，在其法律挑戰進行期間立即恢復其進入白宮的權限。The three outlets sued Trump and other members of his administration in federal court in Washington on Monday, saying the ban violated the US Constitution's First Amendment protections for free speech and a free press, as well as their due process rights. They requested a temporary restraining order that would immediately reinstate their White House access while their legal challenge plays out.

這場法律戰發生在 11 月 3 日期中選舉前數週；在這場選舉中，川普所屬的共和黨正力拚保住對國會的控制權。由於伊朗戰爭與通膨等議題引發憂慮，民調顯示川普的施政滿意度降至歷史低點。The legal battle has unfolded just weeks before the November 3 midterm elections in which Trump's fellow Republicans are fighting to retain control of Congress. Trump's job approval ratings are at record lows in opinion polls amid concerns over issues such as the Iran war and inflation.

凱利在週三的聽證會上表示，美國哥倫比亞特區巡迴上訴法院的兩項先例已明確指出，記者在白宮採訪證遭撤銷前，有權獲得正當法律程序。法官並補充說，看來白宮並未給予遭針對的新聞媒體有意義的機會，以爭辯其進入白宮權限遭撤銷一事。Kelly said at a Wednesday hearing that two precedents from the US Court of Appeals for the District of Columbia Circuit made 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 targeted news outlets a meaningful opportunity to contest the revocation of their access.

代表這些新聞媒體的律師告訴凱利，這些媒體在沒有法律要求的事前通知、也沒有機會爭辯相關決定的情況下遭到禁止進入白宮；他說，這些決定前所未有、不合理且是嚴厲的懲罰。A lawyer for the news outlets told Kelly that they were banned without legally required advance notice or opportunity to contest the decisions, which he said were unprecedented, unreasonable and severe punishments.

司法部一名律師告訴法官，川普政府已在週二寄給這些新聞媒體的信函中，就撤銷採訪證提供充分說明。但法官對此論點顯露懷疑，指出這些信函是在撤銷發生、訴訟提出之後才寄出。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.

司法部在週二的一份法律文件中主張，進入白宮是一項特權，而非權利，且總統有權暫停新聞機構進入白宮。In a legal filing on Tuesday, the Justice Department argued that access to the White House is a privilege, not an entitlement, and that the president has the authority to suspend access by news organizations.

一個由新聞自由團體與數十家新聞機構組成的聯盟週三提交法律意見書，支持這三家新聞媒體。它們主張，「因為被認為的編輯觀點而剝奪記者與新聞媒體的權利，違反數十年來的最高法院判例法。」A coalition of press freedom groups and dozens of news organizations filed a legal brief on Wednesday supporting the three news outlets. They asserted that "stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of Supreme Court jurisprudence."

這份意見書由記者新聞自由委員會（Reporters Committee for Freedom of the Press）、路透、華盛頓郵報與福斯新聞等單位共同簽署。The brief was signed by the Reporters Committee for Freedom of the Press, Reuters, the Washington Post and Fox News, among others.

（揚・沃爾夫與傑克・奎恩報導；海倫・科斯特、史蒂夫・霍蘭德與里沙布・賈斯瓦爾補充報導；林肯・費斯特編輯）(Reporting by Jan Wolfe and Jack Queen; Additional reporting by Helen Coster, Steve Holland and Rishabh Jaiswal; Editing by Lincoln Feast.)