Judge preserves White House access for CNN, MS NOW and Politico; administration appeals
In short
A federal judge extended protection for CNN, MS NOW and Politico journalists' White House access while their lawsuit proceeds. Judge Timothy Kelly found the revocation of their press passes likely violated constitutional rights, and the Trump administration appealed.
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A federal judge granted a preliminary injunction on Tuesday preventing the Trump administration from enforcing its White House ban against CNN, MS NOW and Politico while their lawsuit proceeds. U.S. District Judge Timothy Kelly found that revoking the journalists' hard passes likely violated their First and Fifth Amendment rights. The administration appealed the decision. [ 7 , 15 ]
Kelly's order extends relief that had already restored the outlets' access. Axios reported that he first issued a 14-day temporary restraining order on September 24 and later extended it through October 13. The new injunction preserves access while the underlying case moves forward. NBC News reported that it does not require the administration to admit the outlets' reporters to the Oval Office or Air Force One. [ 9 , 15 ]
Trump announced the ban on September 18, citing the outlets' coverage of him. Kelly said Trump's comments suggested he intended the revocation of passes to change their reporting. The judge found that such action would likely deter a reasonable reporter or news organisation from publishing stories to which the president objects. [ 7 , 15 ]
The administration argued at a hearing that national security concerns partly motivated the ban. Kelly rejected that rationale, writing that there was practically nothing related to national security in the record connected to the president's decision. CNN reported that the judge found no evidence that Trump initially revoked the passes on national security grounds. [ 2 , 15 ]
Theodore Boutrous, a lawyer for the outlets, welcomed the ruling and said the ban violated due process and the First Amendment. A White House statement criticised the outlets' reporting and said they could report from directly outside. Kelly also wrote that his decision did not establish that Trump's concerns about media accuracy were unfounded, or that the government lacked power to protect national security when classified information is unlawfully disclosed. [ 6 , 7 , 15 ]
Why it matters
The preliminary injunction preserves access to the White House complex during the litigation. It does not require access to the Oval Office or Air Force One, NBC News reported.
Key facts
- Judge Timothy Kelly granted a preliminary injunction preserving the outlets' White House access during their lawsuit. [ 7 , 15 ]
- Kelly found that revoking their hard passes likely violated First and Fifth Amendment rights. [ 7 , 15 ]
- The Trump administration appealed the order. [ 2 , 7 , 15 ]
- NBC News reported that the order does not require access to the Oval Office or Air Force One. [ 15 ]
Confirmed by several sources
Still unclear
- The lawsuit's final outcome remains unresolved. The ruling is a preliminary injunction while the underlying case proceeds.