Judge orders Trump to restore White House access to CNN, MS NOW, Politico

• Judge Timothy Kelly said the outlets were likely to succeed in showing that the ban violated due process and was likely unconstitutional.
• Kelly blocked enforcement of the ban for 14 days while the case proceeds.
• The judge rejected the administration’s claim that the ban was justified by national security concerns.

A federal judge on Thursday ordered the Trump administration to immediately restore White House access for journalists from CNN, MS NOW and Politico, temporarily blocking President Donald Trump’s ban on the three outlets.

US District Judge Timothy Kelly ordered officials to return the outlets’ press credentials and barred the administration from enforcing the ban for 14 days while the legal challenge proceeds. Kelly said the outlets were likely to succeed in showing that their access had been revoked without the required due process.

Trump announced the ban on Sep. 18, accusing the three outlets of repeatedly publishing what he called “fiction and lies.” 

Reporters from CNN, MS NOW and Politico were turned away from the White House complex the following Saturday, and their press credentials were taken by the Secret Service.

In his ruling, Kelly said the journalists were not given adequate notice or a meaningful opportunity to challenge the revocation of their credentials before the ban took effect. 

He also noted that some of the stories cited by the White House as justification for the action were routine and, in some cases, months old.

Kelly also rejected the administration’s argument that the restrictions were motivated by national security concerns, saying the record did not support the claim that restoring the outlets’ press passes would endanger national security. He noted that Trump’s initial explanation for the ban focused instead on what he described as the outlets’ lack of truthfulness and negative coverage.

The three news organizations sued the Trump administration on Monday, arguing that the ban violated their First Amendment rights and their constitutional right to due process. The Justice Department defended the restrictions, arguing that access to the White House is a privilege and citing national security, professionalism and the handling of sensitive information.

The White House later sent letters to the three outlets formally notifying them that their hard passes had been revoked and giving them until Friday to respond. Kelly questioned the timing because the letters came after the credentials had already been revoked.

The ruling is not the first time Kelly has intervened in a White House press-access dispute. In 2018, he temporarily ordered the Trump administration to restore then-CNN correspondent Jim Acosta’s press credentials after they were revoked following a contentious White House news conference.

Trump had previously said he would appeal if Kelly ruled against his administration. The Justice Department is expected to challenge Thursday’s order.

Read more: CNN, MS NOW, Politico denied access to White House grounds