WASHINGTON: A federal judge has ordered the White House to temporarily restore press access for journalists from CNN, MS NOW and Politico, saying President Donald Trump's ban on the outlets was likely unconstitutional.
U.S. District Judge Tim Kelly ruled that the three news organizations must have their access reinstated immediately.
Trump announced the ban Sept. 18. Kelly, whom Trump nominated to the federal bench in 2017, ordered the administration to return, reinstate and restore the White House "hard pass" credentials held by employees of the three outlets. The order will remain in effect for 14 days.
"Simply put, 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," Kelly wrote.
In a Truth Social post last week, Trump said he was banning the outlets from the White House effective immediately. He warned that other "Fake News Media Outlets" could follow. The president cited what he called "cumulative stories" by the three news organizations and added, "You get sick of it."
Staff from the three outlets were walked off White House property on Saturday, after confusion Friday night over whether the ban would take effect. It was the first time a White House has banned entire news organizations from the premises.
The administration initially offered no formal rationale beyond Trump's public remarks. At a hearing Wednesday, attorneys for the outlets argued that national security was not mentioned when Trump announced the ban. They said the ban was retaliatory and amounted to viewpoint discrimination.
The White House Press Office sent letters to the outlets Tuesday, three days after access was revoked. The letters accused the organizations of trafficking in verifiable falsehoods about national security and publishing sensitive or classified information. In court filings, the Justice Department said access to the White House is a privilege, not a right. Government lawyers also argued that the coverage endangered national security, pointing to Chinese President Xi Jinping's visit to Washington this week.
Kelly appeared skeptical at the hearing. He noted that the White House did not appear to give reporters the due process required by court precedent before revoking their access. He questioned whether a letter sent after a pass was revoked could give journalists the standards they would need to follow.
That precedent includes a 1977 D.C. Circuit ruling in a case known as Sherrill. It held that journalists have a due process interest in a White House hard pass. Justice Department lawyers have asked that the ruling be overturned, which only a higher court could do.
It is not the first time Kelly has ruled on such a dispute. In 2018, he granted CNN's request for a temporary restraining order that forced the first Trump administration to restore the press credentials of then-CNN correspondent Jim Acosta. Kelly found in that case that Acosta's constitutional rights were likely violated.
Trump has criticized Kelly ahead of the ruling. He called the judge "totally disloyal" and predicted the judge would "probably" rule against him.
