Judge Orders White House to Restore Access for CNN, MS NOW, and Politico

A federal judge has ordered the White House to restore access for CNN, MS NOW, and Politico, issuing a 14-day temporary restraining order against the ban. U.S. District Judge Timothy Kelly ruled that the ban likely violated the media outlets’ constitutional due process rights.

The order came in response to a lawsuit filed against the Trump Administration by the three news organizations, which argued the ban was a “direct assault” on the First Amendment and violated their Fifth Amendment due process rights. The Fifth Amendment protects individuals from being deprived of life, liberty, or property without due process of law.

Kelly determined that the outlets had “shown a likelihood of success, at least on their Fifth Amendment procedural due process claim.” He rejected the Trump Administration's assertion that the media ban was motivated by national security concerns. Instead, Kelly noted that President Trump had publicly cited the alleged lack of truthfulness and negativity of the outlets' reporting as the basis for the ban.

The Justice Department had argued in a legal filing that the outlets received adequate notice of the ban and that the President's actions were lawful under the First Amendment. However, the judge found the outlets were likely to succeed in showing their hard passes were revoked without constitutionally adequate due process.

In a statement, Ted Boutrous, the lawyer representing the news outlets, called the ruling “a strong ruling vindicating freedom of the press, due process and the rule of law.”

The ban had led to an outpouring of solidarity among other media organizations. CNN, which is part of the White House press pool that rotates coverage, was scheduled to cover the President's trip to the U.N. General Assembly. When CNN journalists were restricted from attending, other major television networks declined to provide pool coverage in their place.

In a joint statement, ABC, CBS, CNN, Fox News, and NBC said, “The public has a vital interest in receiving accurate, independent information about its government. No Administration should restrict a news organization because it objects to its reporting.”

Further supporting the outlets, 49 media organizations filed a legal brief arguing that “stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of Supreme Court jurisprudence and is impermissible in any type of forum, including the White House.”

During the 14-day period of the temporary restraining order, the court will set a schedule for expedited briefing on a motion for a preliminary injunction. This will allow both the Trump Administration and the media outlets to submit further evidence for Judge Kelly to consider. Temporary restraining orders are generally unappealable, meaning the administration cannot immediately appeal this specific order.

This incident recalls a previous occasion when President Trump revoked the White House press credentials of CNN correspondent Jim Acosta after a contentious exchange during a news conference.