Seattle independent journalists’ fight to gain press passes for Washington state legislature heads to federal court

The Citizen Action Defense Fund (CADF), representing the plaintiffs, filed an emergency motion in federal court for a temporary restraining order (TRO) asking a federal judge in Tacoma to intervene immediately and grant the journalists credentials during the final days of the legislative session, which ends March 12. The lawsuit argues the legislature’s credentialing process violates both the U.S. Constitution and the Washington Constitution.

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Hoffman and Kruse were denied press credentials by the Democratic-controlled House, which claimed that they had engaged in political advocacy, while Choe was denied credentials for being employed by the Discovery Institute, a conservative think tank. Hoffman is a radio host and an editor for The Post Millennial, and Kruse was a local news reporter before leaving launching an independent news podcast called "Undivided." All of them are critical of the Washington state legislature.

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The lawsuit was filed against the state legislature, the House clerk, and the Capitol Correspondents Association (CCA), the organization that approves press passes based on guidance from the Washington state House of Representatives.

The legal battle escalated earlier this week when state lawmakers abruptly moved the case from Thurston County Superior Court to federal court just days before a scheduled hearing. On Monday, March 2, 2026, only four days before a hearing set for Friday, defendants removed the case to the US District Court for the Western District of Washington in Tacoma. The move automatically canceled the state court hearing and placed the decision in the hands of a federal judge. Hoffman said the move was likely a stalling tactic by the defense so that a ruling on the case couldn't be made before the end of the legislative session.

CADF said in a release that the legislature’s press credentialing system effectively allows a private group of legacy media outlets to determine which reporters are allowed to cover lawmakers from inside the chamber. According to the complaint, the system improperly delegates authority to the Washington State Capitol Correspondents Association, a private group of journalists, without clear rules, transparent standards, or meaningful due process protections. The lawsuit alleges that the legislature relied on vague and unpublished criteria when denying credentials and that the process allows viewpoint-based discrimination against journalists who do not align with the views of the established press corps.

The plaintiffs argue that the policy violates multiple constitutional protections, including the First Amendment, Article I, Section 5 of the Washington Constitution, state and federal due process protections, and Washington’s non-delegation doctrine.

"Freedom of the press is not subject to unpublished standards or private gatekeeping," said Jackson Maynard, lead counsel for the plaintiffs. "The Constitution requires transparency, viewpoint neutrality, and due process. No matter what court the case is in, we will fight for the freedom of the press and work to ensure they are able to inform the public of what the government is doing."

The lawsuit also claims that the state violated its own Constitution, which guarantees freedom of speech, and Washington's non-delegation doctrine. Additionally, the plaintiffs claim federal due process violations.

Republican Congressmen such as Dan Newhouse and Michael Baumgartner have shown support for the lawsuit, which has also received support from some Democratic media figures, who backed the First Amendment violation claims.

The emergency motion now asks the federal court to restore access to the journalists immediately, arguing that denying them credentials during the final days of the legislative session prevents them from fully reporting on the actions of state lawmakers.