Judge Lifts Trump Administration's White House Press Ban on CNN, Politico

A federal judge on Thursday ordered the Trump administration to restore White House access for journalists from CNN, MS NOW, and Politico, stating that the ban was likely unconstitutional. The ruling from U.S. District Judge Tim Kelly represents a significant setback for President Donald Trump in his ongoing disputes with the media.

Kelly issued a 14-day restraining order, directing the administration to immediately return the outlets' press passes and cease enforcing the ban. The judge rejected the government's argument that the ban was implemented for national security reasons. "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. He noted that Trump himself had cited the outlets' reporting as "alleged lack of truthfulness and negativity."

The news organizations filed a lawsuit contesting the ban, which Trump announced on September 18. They argued that the ban violated the First Amendment's protections for free speech and a free press, as well as their due process rights. The outlets sought a temporary restraining order to immediately reinstate their access while the legal challenge proceeded.

During a hearing, Kelly indicated that two previous court decisions suggested journalists are entitled to due process before their White House press credentials can be revoked. He also expressed that the White House did not appear to have provided the targeted news outlets a meaningful opportunity to challenge the revocation of their access.

Lawyers for the news organizations stated that the outlets were banned without legally required advance notice or the chance to contest the decision, characterizing it as an unprecedented, unreasonable, and severe punishment. A Justice Department lawyer argued that the administration had provided sufficient justification in letters sent to the news outlets, but the judge signaled skepticism, noting the letters were sent after the ban and the lawsuit were initiated.

In a legal filing, the Justice Department contended that White House access is a privilege, not an entitlement, and that the president has the authority to suspend access for news organizations. A coalition of press freedom groups and numerous news organizations filed a brief in support of the three outlets, asserting that "stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of Supreme Court jurisprudence." The brief was signed by organizations including Reuters, The Washington Post, and Fox News.