Judge orders White House access restored for CNN, MS NOW and Politico

Washington, United States. A federal judge on Thursday ordered President Donald Trump’s administration to restore White House access for journalists from CNN, MS NOW and Politico, finding that the ban was likely unconstitutional. US District Judge Tim Kelly ordered the outlets’ press passes returned immediately and blocked enforcement of the ban for 14 days.

Challenge to the ban

Trump announced the ban on September 18. The three outlets sued Trump and other administration officials in federal court in Washington on Monday, arguing that the decision violated First Amendment protections for free speech and a free press, as well as their due process rights. They sought a temporary restraining order to restore access while the case proceeds.

At a hearing on Wednesday, Kelly said two precedents from the US Court of Appeals for the District of Columbia Circuit established that journalists are entitled to due process before their White House press passes are revoked. He said the White House did not appear to have given the outlets a meaningful opportunity to contest the decision. A lawyer for the outlets said they had received neither the legally required advance notice nor an opportunity to challenge what he called unprecedented, unreasonable and severe punishments.

National security argument rejected

Kelly rejected the administration’s assertion that the ban was motivated by national security concerns. He said the record did not support its claim that revoking the passes would protect national security or that restoring them during the lawsuit would endanger it.

The judge noted that Trump had attributed the ban to the outlets’ alleged lack of truthfulness and negative reporting. On social media, Trump had said the three outlets “shouldn’t be able to constantly write or report FICTION and LIES,” while Justice Department lawyers sought to justify the ban on national security grounds.

The White House and representatives of the outlets did not immediately respond to requests for comment.

The ruling comes weeks before the November 3 midterm elections, in which Republicans are seeking to retain control of Congress. Trump’s job approval ratings are at record lows in opinion polls amid concerns over issues including the Iran war and inflation.