Federal judge orders White House to restore access for CNN, MS NOW and Politico

A federal judge ordered the White House on Thursday to restore access for reporters from CNN, MS NOW and Politico, ruling that the three outlets are likely to succeed in showing that their hard passes were revoked without adequate due process, according to NPR.

U.S. District Judge Timothy Kelly of the District of Columbia, who was nominated by President Donald Trump, issued a temporary restraining order lasting 14 days. He directed the administration to “immediately return, reinstate, and restore” access, Al Jazeera reported. Kelly wrote that the outlets were “likely to succeed in showing that their hard passes were revoked without constitutionally adequate due process,” and that “individuals must receive notice and an opportunity to be heard before the Government deprives them” of a constitutionally protected interest.

The reasons given for the ban

Trump announced the ban on Truth Social and the passes were revoked, NBC News reported. He cited the outlets’ “constant ‘reporting’ FAKE NEWS!” Trump later said: “I don’t want them in my office. I don’t want them here.” He also said, “They purposely write negative news.”

In letters to the outlets, the White House accused them of publishing “sensitive security information, and misinformation,” NBC reported. Kelly found that the national security argument lacked factual support and noted that the government had offered no evidence of how the reporting damaged security. “Certainly, that is not what President Trump said when he announced that he was ‘banning’ Plaintiffs from the White House,” the judge wrote. According to MS NOW, the administration also said the outlets had violated “standards of professionalism and decorum expected” of White House press, and Kelly wrote that “nothing in the record that predates this suit suggests that the revocation of Plaintiffs’ hard passes was motivated by national security concerns.”

The lawsuit

CNN, Politico and MS NOW sued together on Monday. They argued that the ban violated their free speech and due process rights, that it was retaliation, and that it was intended to “cow” them “into changing their reporting,” according to NBC. Time reported that the outlets called the ban a “direct assault” on the First Amendment and that 49 media organizations filed a legal brief supporting them. ABC, CBS, Fox News and NBC declined to replace CNN’s pool coverage in solidarity, Time reported.

Kelly noted that temporary restraining orders are generally unappealable, according to MS NOW, which reported that the administration indicated it would appeal. Time reported that legal experts said the president could seek emergency relief or wait for a ruling on a preliminary injunction before appealing.

Access on Thursday

Reporters were let in on Thursday, but not at first for everyone. CNN reporter Betsy Klein and a photojournalist entered the White House at noon, according to CNN. Hours after the ruling, some reporters from the three outlets were still denied access to the grounds, and the outlets asked the court for an immediate hearing, Yahoo News reported. Kelly ordered the administration to respond to the accusations of noncompliance by midday. Within hours, each outlet reported that its staff had been allowed back in.

Kelly gave the outlets until Monday to file a motion for a preliminary injunction, which could block the ban while the court considers the underlying legal questions. MS NOW noted that Kelly also handled a 2018 case in which he ordered the White House to restore CNN reporter Jim Acosta’s credentials after they were revoked.