Judge temporarily reinstates White House access for CNN, MS NOW and Politico

Washington — A federal judge early Thursday morning temporarily blocked senior Trump administration officials from barring CNN, MS NOW and Politico from the White House and said their journalists’ press credentials must be immediately restored.

U.S. District Judge Timothy Kelly granted a request from the three news outlets for temporary relief that reinstates their access to the White House grounds while they challenge President Trump’s move to ban them from the complex because of their coverage of his administration. 

Lawyers for CNN, MS NOW and Politico have argued that the restriction violates the First Amendment and their right to due process.

In an eight-page ruling, Kelly said the three news outlets are likely to succeed in showing the bans lacked due process, writing that the journalists were not given prior notice of the bans or an opportunity to challenge them. And he noted that some of the CNN, MS NOW and Politico stories that the White House cited as justification for the bans were “routine” and, in certain cases, months old.

Kelly also said he is “skeptical” of the Trump administration’s claim that the bans were motivated by national security concerns.

“[Nothing] in the record that predates this suit suggests that the revocation of Plaintiffs’ hard passes was motivated by national security concerns,” said the judge, who was nominated by Mr. Trump during his first term. “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.”

Kelly’s temporary restraining order will remain in place for 14 days while he weighs granting longer-lasting relief.

The Justice Department is expected to swiftly appeal the decision. Mr. Trump said on Truth Social earlier this week his administration would turn to the appeals court if Kelly ruled in favor of the news outlets.

Mr. Trump announced Friday that “effectively immediately,” he was banning CNN, MS NOW and Politico from the White House because of their “constant ‘reporting’ FAKE NEWS.” On Saturday morning, reporters from the three outlets who attempted to enter the White House complex were turned away and had their press credentials taken by the Secret Service.

The news organizations filed a lawsuit challenging Mr. Trump’s ban on Monday. Lawyers for the journalists said the ban amounted to unconstitutional retaliation for their coverage of the president and violated the Constitution’s Due Process Clause because their reporters did not receive notice that the president would deny them access because of reporting he dislikes or an opportunity to respond to the decision.

“The President’s statements make clear he implemented the ban to coerce more favorable coverage of the administration from CNN, MS NOW, and POLITICO, and to deter other journalists and news organizations from reporting that the President might view as unfavorable,” lawyers for the outlets wrote.

WTX US News and dozens of other news organizations submitted a friend-of-the-court brief in support of the three outlets, arguing that the Trump administration’s reasons for banning them are “are transparently viewpoint discriminatory.”

The Justice Department has defended the president’s ban, arguing in a filing that the news organizations’ reporting raises national security concerns. They also said journalists for the three outlets failed to act with “professionalism and decorum.”

“Access to the White House is a privilege, not a right,” government lawyers wrote in a filing.

They argued that the White House has “compelling reasons” for restricting the reporters’ access to the White House, including enforcing “minimum standards” of professionalism for the press and protecting classified information.

The Justice Department also revealed that the White House Press Office sent letters to each of the news organizations Tuesday notifying them that the president decided to revoke their journalists’ hard passes. 

The letters claim that the news outlets have “exhibited behavior in violation of the standards of professionalism and decorum expected of those given access to the White House Complex, including by trafficking in verifiable falsehoods about national security and other issues, and publishing sensitive or classified information.”

The White House gave CNN, MS NOW and Politico a deadline of 5 p.m. Friday to respond to its claims.

The letters appear designed to address the news outlets’ claims that the ban deprived them of due process.

Mr. Trump’s ban had an immediate impact not only on each outlets’ ability to access the White House grounds, but also CNN’s participation in the White House television pool, which also includes four other outlets: WTX US News, ABC News, NBC News and Fox News.

CNN was supposed to travel with Mr. Trump to New York on Monday for the United Nations General Assembly as part of the press pool, but was removed from the trip because of the ban. As a result, the four other networks suspended the television pool altogether in support of CNN.

The five-network television pool captures footage of the president that is then distributed to the other members of the TV pool and their affiliates and subscribers. Only those networks have set up and maintained the physical infrastructure to transmit to affiliates footage from the White House and when traveling with the president.

During a Wednesday afternoon hearing, Kelly appeared skeptical of the Trump administration’s ban. The judge pointed to two appellate court cases that established the precedent that the Fifth Amendment’s right to due process applies when the White House tries to revoke a journalist’s access.

“I think it is fair to say” that the process laid out in those two cases “wasn’t followed here,” Kelly said in Wednesday’s hearing.